(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.13 no. 16 (2/15/1999)"

NORTH CAROLINA 




RECEIVED 

FEpi 6 1999 I 

S^lR^)?. EVERETT , 
ijAVitBRARY 



VOLUME 13 • ISSUE 16 • Pages 1248 - 1374 



February 15, 1999 



IN THIS ISSUE 

Executive Orders 

Voting Rights Letter 

Appraisal Board 

Cosmetic Art Examiners, „„ 

Electrical Contractors, Board of Examineii of / 

Environment and Natural Resources > ? /' 

Health and Human Services 

Insurance 

Justice ■ „ 

Pharmacy, Board of 

Transportation 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of itSj« 
components, consuh with the agencies below. The bolded headings are typical issues which the given" 
agency can address, but are not inclusive. 



Rule Notices, Filings, Reeister, Deadlines, Copies of Proposed Rules, etc. 

Office of Administrative Hearings 
Rules Division 

Capehart-Crocker House "^''' 

424 North Blount Street •"S"'-'^' 

Raleigh, North Carolina 27601-2817 

contact: Molly Masich, Director APA Services 
Ruby Creech, Publications Coordinator 



(919)733-2678 < 
(919) 733-3462 FAX 



mmasich@oah.state.nc.us 
rcreech@oah.state.nc.us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

116 West Jones Street 

Raleigh, North Carolina 27603-8005 

contact: Warren Plonk, Economist Hi 




(919)733-7061 
(919) 733-0640 FAX 

■wplonk@osbm.state.nc.us 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenwood Ave., Suite 159 
Raleigh, North Carolina 27605 

contact: Joe DeLuca Jr., Staff Director Counsel 
Bobby Biyan, Staff Attorney 

V .,„.„. ,.„, .' 



(919)733-2721 
(919) 733-9415 FAX 



Legislative Process Concerning Rule-making 

Joint Legislative Administrative Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (919) 733-2578 

Raleigh, North Carolina 2761 1 (919) 715-5460 FAX 



contact: Mary Shuping, Staff Liaison 



marvS' r/-;ms . n cca . state.nc:xis^' 



s^'^.J^ 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

215 North Dawson Street (919)715-2893 

Raleigh, North Carolina 27603 



contact: Jim Blackburn or Rebecca Troutman 

NC League of Municipalities 
215 North Dawson Street 
Raleigh, North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 
REGISTER 




Volume 13, Issue 16 
Pages 1248 - 1374 



February 15, 1999 



This issue contains documents officially filed 
through January 25, 1999. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601 ) 

PO Drawer 27447 

Raleigh, NC 2761 1-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann 111. Director 

Camille Winston. Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 

Linda Dupree, Editorial Assistant 

Jessica Flowers, Editorial Assistant 



IN THIS ISSUE 

I. EXECUTIVE ORDERS 

Executive Orders 142 & 143 1248-1250 

II. IN ADDITION 

Voting Rights Letter 1251 

III. RULE-MAKING AGENDA 
Environment and Natural Resources 

Environmental Management Commission 1252 - 1257 

Health Services. Commission for 1252 - 1257 

Wastewater Treat. Pit. Operators Cert. Comm . . . 1252 - 1257 

IV. RULE-MAKING PROCEEDINGS 
Transportation 

Motor Vehicles, Division of 1258 

V. PROPOSED RULES 

Environment and Natural Resources 

Coastal Resources Commission 1259 - 1262 

VI. TEMPORARY RULES 
Licensing Boards 

Cosmetic Art Examiners 1263 - 1264 

VII. APPROVED RULES 1265 - 1348 

Environment and Natural Resources 

Departmental Rules 

Environmental Health 

Environmental Management 

Marine Fisheries 

Radiation Protection 

Soil & Water Conservation Commission 

Solid Waste Management 

Water Pollution Control System Operators Certification 

Wildlife Resources & Water Safety 
Health and Human Services 

Adult Health 

Facility Services 

Social Services 

Vocational Rehabilitation 
Insurance 

Life and Health Division 
Justice 

Alarm Systems Licensing Board 

Criminal Justice Education & Training Standards 
Licensing Boards 

Appraisal Board 

Electrical Contractors. Board of Examiners of 

Pharmacy, Board of 
Transportation 

Highway, Division of 

VIII. RULES REVIEW COMMISSION 1349-1354 

IX. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1 355 - 1 364 

Text of Selected Decisions 

98 DHR 0979 1365-1367 

98 HRC 1063 1368-1374 

X. CUMULATIVE INDEX 1-78 



Surth Carolina Register is published senii-nionthK tor $195 per \ear b\ the Office ol Adniinistrative Hearings. 424 North Blount Street. Raleigh. NC 
27601 . (ISSN 1 52006041 to mail at Periodicals Rates is paid at Raleigh. NC POSTMASTER Send Address changes to the Sorth Carolina Register. 
PO Drawer 27447. Raleigh. NC 2761 1-7447 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and chapters. 
are mandatory. The major subdivision of the NCAC is the title. Each major department in the North Carolina executive 
branch of government has been assigned a title number. Titles are further broken down into chapters which shall be 
numerical in order. The other two, subchapters and sections are optional subdivisions to be used by agencies when 
appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE 



DEPARTMENT 



LICENSING BOARDS 



CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Athletic Trainer Examiners 


3 


4 


Commerce 


Auctioneers 


4 


5 


Correction 


Barber Examiners 


6 


6 


Council of State 


Certified Public Accountant Examiners 


8 


7 


Cultural Resources 


Chiropractic Examiners 


10 


8 


Elections 


Employee Assistance Professionals 


11 


9 


Governor 


General Contractors 


12 


10 


Health and Human Services 


Cosmetic Art Examiners 


14 


11 


Insurance 


Dental Examiners 


16 


12 


Justice 


Dietetics/Nutrition 


17 


13 


Labor 


Electrical Contractors 


18 


14A 


Crime Control & Public Safety 


Electrolysis 


19 


15A 


Environment and Natural Resources 


Foresters 


20 


16 


Public Education 


Geologists 


21 


17 


Revenue 


Hearing Aid Dealers and Fitters 


22 


18 


Secretary of State 


Landscape Architects 


26 


19A 


Transportation 


Landscape Contractors 


28 


20 


Treasurer 


Marital and Family Therapy 


31 


*21 


Occupational Licensing Boards 


Medical Examiners 


32 


22 


Administrative Procedures (Repealed) 


Midwifen Joint Committee 


33 


23 


Community Colleges 


Mortuarv Science 


34 


24 


Independent Agencies 


Nursing 


36 


25 


State Personnel 


Nursing Home Administrators 


37 


26 


Administrative Hearings 


Occupational Therapists 


38 


27 


NC State Bar 


Opticians 


40 






Optometry 


42 






Osteopathic Examination & Reg. (Repealed) 


44 






Pastoral Counselors. Fee-Based Practicing 


45 






Pharmacy 


46 






Ph\ sical Therapy Examiners 


48 






Plumbing. Healing &. Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinan Medical Board 


66 



Note: Title 2 1 contains the chapters of the various occupational licensing boards. 



■i 



a 



a. S 



it 




E i 






O^ 


C^ 




C- 




c- 




























*" 53 






S!. 


C; 


5- 


c- 


5^ 


c 


1: 


6 
























5 K 


^ 


?1 


00 




o 




0^ 


ri 


oo 







^_ 


00 


;i 


^ 


rj 


0= 


h 


^ 


d 




r\ 
























r-i 









ri 








i' 




■O 3 


















































■^ 


■* 


l/"! 


i^ 


^ 


\£ 






go 


M 


C- 







c 










-o.i 


— 


o 


o 


C' 


o 


c 


o 


C 




o 









c 




~ 




~~ 


" 


— 


U 




r- 










































U. 




r^ 












































^^ 


i* *; c 














































.i J .2 














































« = ? 


— 


c- 


— 


_ 


c- 


c- 


-^ 


o- 






























Ill 
1 = 1 




=: 


3: 


s: 


^ 


s: 


s: 


s: 




o 














c 





=> 











1^1 




p: 


?: 


Pi 


p 




ri 


^ 




?. 


i;; 


^ 





C 















O 


3 


^ 


9 


p 


~ 


~ 


^ 


~ 


~ 


~ 


~ 


~ 


~ 


~ 


'"' 


~ 


^ 


"" 


~ 




& 


IS'" 












































s 












































"i 
























































































o 














































. e 


o oi = ■ 












































fifi g 


tl'%ii 


CO 


00 


oc 


oc 


oc 




oo 


oc 


oo 


oc 


o^ 


9^ 


£; 






c- 






0^ 


o- 








C; 


? 


3- 










C; 




C; 










0^ 






C; 


C-' 




o 









































































ri 




r~) 








d 




"« 












n 




ri 




ri 




ri 


c 


ri 


r-i 


n 






n 


ri 


rj 




\\l\% 














































3C 


oc 














i-^i 
















TT 


^ 


u^ 






e 






















e 









w 











C' 







n 


■O XI o = 












































'3! 


3 (£ 


























































































X 














































3 










































^^^~ 




■ 


-oIlIi 


oc 


oc 


oc 


oc 


00 


oc 


oc 


00 


oc 


00 


a- 


a- 


a 


o^ 


o- 


O' 


c~ 


3" 


(? 


a 






a 


s^ 


a- 


c^ 


a- 


a 


?! 


CT> 


o- 


c 


a> 


s: 




g^ 


a- 


a- 


a 




a 


s: 


















































»- £ s =^ 
















^ 


o 






i?. 








^o 






5 
















o 




o 


















p 













CG 














































rn; 


oc 


oc 


C; 


c 


o 






























c 
















— 


— 


— 


— 





w 


c 


— 


c 





c 








— 


■_ E 


^^^ 




^^ 


^^ 






^^ 








^^ 


^^ 






^^ 










^^ 


^^ 


^^ 


^^^^H 




^^* 


^^* 






^^* 








^^* 


^^* 






^^* 










^^* 


^^* 


^^^ 


< 




4- t: = 
.i S .2 




c 


o^ 








o 




























'5 


■?, ■= "^ 


r^ 


S; 


? 


r^ 


g 


f^ 




r-^ 


g 


p: 









5 


g 














C 


g 


= 


£1 


1= -n s: 


ri 


c^ 


f-1 


C 


C] 






C 


r4 


r-i 








d 





C' 





W-1 




C 


^ 


■r. 


s 


o 


^' 


o 


c 


o 


o 


© 


o 


o 


^ 






















O 5 


u 










































z S 


1 






















































































^ 


c 


i^ 










































"S 


3 


c a = - 












































i "! e 2 ^ 


ac 


oc 


ac 


3C 




so 


00 


00 


oc 


00 


OC 


CC 


c- 


Cv 


a- 


c^ 


c- 


C 


a 


c- 
























ff; 









c^ 


c~ 


c; 


c; 




C; 






= 2 •- a = 












































5 
















c 















ri 




ri 






















ri 


r-i 


ri 


ri 






ri 


ri 




'"1 


r-i 




r-> 


























--. 






























c 




r- 


oc 






C= 


o 


O 






?] 








r"! 




?-, 


— ' 








ffl 




c 


c 






o 

















































































s 


3 <^ 












































c 
o 












































w "g = ^ 


GC 


oc 


oc 


OC 


oc 


3C 


oc 


oc 


oc 


oc 


oc 


sc 


X 


^ 


^ 


o- 


C 


^ 


_ 


^ 




e 


o !: ^ ^ 






CT; 


c; 


^ 




c~ 


C; 


a 




C^ 




c 


CT; 


&■ 


CT^ 


C^ 




& 


5^ 


















































^ 3 1 ■ = 

" s; g ^ 




«-, 
















o 
















t^ 














f. 




O 












c 












O' 


























































r^ 


r^ 


« 


?" 


a; 


































~ 


~ 
















^ 








" 


- 


~ 


'~ 


~ 


^ 


" 






Cf 














































— ti 














































« = M 


oc 


oc 




OC 


OC 










00 


oc 


oc 


oc 


00 


C^ 










c 






^ ^ = 




a 




c 












51 


O" 






Ov 


0^ 










c 


















































£^S 




o 


^O 


o 








O 


^ 


o 


fi 









0^ 




■•c 


(N 


sO 


d 




















f. 












































































:= u ^ 








^ 


oc 


oo 


£ 


C^ 


o 










r-1 


















1- e -c 






C' 






o 




c 

















c: 




C 


d 









B -S 














































0/ 










































w ^ 




1. ^ 










































i Z i5 




o a 










































02| 




M O = 


oc 


oc 


oc 


oc 


^ 


oc 


oc 


oc 


oc 


5c 


^ 


_ 


c 


^ 


_, 


^ 


_, 


_ 


^ 


_ 


uj < a 






5 




3; 


c^ 




c 


^ 






^ 


5 


c^ 


? 


c- 


=• 


5; 


C; 


c^ 


^ 


ii 2 is 




'- 1. o 

III 


Z:, 


^ 


o 


tr, 


— 


!^ 


c: 


vC 


^ 


I?, 


tJ 


ir, 


^ 


w-. 


l/-', 





!!: 


5 


g 


^ 














































5; u; w 




oc 


oc 


? 


0- 


o 


c 






















^ 






<r. 






























C 














5 - O 














































z _ a 




= •= 










































a a. 




" g. 














































^ 














































(£ 


oc 


QC 


oc 


oc 


oc 


oc 


00 


OC 


oc 


oc 


oc 


cc 


QC 


OC 


oc 


oc 


£ 


— 


c- 


~. 






>- M 








c^ 






























c- 






















































k' ^ 


oc 










-r 




rr 










1/-. 












oc 








^ ■= 




ri 











































- c 




i?i 










00 


00 


a 


§ 






























- 


O 


^ 


c 


o 


o 




c 


o 








~ 


~ 


~ 


~ 


- 


- 


- 


^' 


If. 














































by 














































2 


















































0; 
















































oc 


OC 


oc 


« 




oc 


oc 




oc 


oc 


oc 


oc 


oc 




2; 
















iS 






C; 


C; 




o 








c^ 


















c- 


C; 
















































^ 








>/-l 








-T 




ir. 




i?^ 









ir. 




u-. 




U-, 




ITi 






b 










o 








■c 




C: 




c 




















3 
■■*-. 










































c 












« 


X 
































^ 


= 


C 


- 






= 


= 


— 


— 


— 


— 


— 


— 


- 


- 


- 


- 


= 


- 


w 














































z 














































"T 














































;^ 




3 














































■=1 


<*1 






r-1 


'n 


•^ 


IT. 


-e 






Ov 


© 




M 


'n 




w, 


sC 


r- 


00 






fN 


r>* 


t3 


C 


o 


O 


© 


© 


© 


© 


© 


























M 


f^ 


f^ 


r-i 




•^ 


I*! 




f-i 


'^ 




-*! 


•^ 


fH 




l-i 


i-i 


>*! 


f^ 






^ 3 














































E = 














































3 




























































































*o 














































' 











































o 



s 

o 



■a 
s 
'C 

a, 
i) 
S 



s 
s 



Q. 

E 
o 



u 


■g^ 


(/D 


n oj 


z 


?i = 


o 


•^ f^ 






? 


o 


.a "O 




S V 


^ 


■fi i 


ffi 


i_ 2 


3 


e-i 


c 


R — 


U 


^ :E 


X 


.« u 


H 


M<- 


b 


C O 


O 




Z 

o 


■S = 




a< 0* 


H 


.> j; 


< 
Z 

< 


li 

.2 " 


-J 


s r) 


Q. 


•- o 


X 


S 2 




%^ 




4* U 








o z 




1, >« 




j: f^ 




■" o 




>. ■" 




•O D£ 




e 




■o •- 




4, T! 




i. i. 




05 O 




C u 




a« u 




I- n 




=^-o 




.£ 4* 








'Z "i 




— c 




' i 




0* o 




^ «> 




u 1« 




c/;. — 




a< 








« 




u 




S M 




J= = 




3 — 




D- ■© 




£ 




C/^ -W 




;!! 



f- 

X 
td 
H 
b. 
O 

u 

O 
H 

o 
z 



[/3 
Z 

5 
u 

u 

U 

o 

a. 
Z 

< 

u 
.J 
u> 
ee 

b 

o 
o 

H 

o 
z 



u 
z 

Q 






z 

id 



.. "5 v5 

1^^= 

z ^-Q 

£ ra 3 

OS TS Q. 

U] . — ~ 



o-,o 



o § 



OD 



5 Ji S S 



ii 

a. in 

P 



5 ~ _^ 

H ''' .— 

[aj oil ^ 






o 

c 
z — 



8 ii'Ss 

W 3 -C JJ 



-S 00 

-•! 

— OJ 
1) u 

■" o. 



5 E^ 



r^ 


1) 




r/^ 


C/3 


O 


>> 


a. 


tj 


o 




i- 


1< 


Q. 


M 




M 





1) o 

C ^ 

o ^ 



c o 

< ^ 

S c 

— o 



o -a 



5 H 

> ? 

D < 

^ r- 

<i> ::: 

o = 



SI 

o. ^ 

a >- 
— -o 
•^ i> 

2 « 
-^ o 

■^ a. 

Si J! 

< X 



■;5 I' o 

•2 ^ ^ 

c c _ 

CO t£ 

'£ a <u 

-9 u — 

=« ra fe 









> 


0) 


x: 










-0 


^ 


(U 


:? 



C3 



00 



lU (^ 



o E ii ^ 



03 3 



-t! d £ o t: 



.b X) 

■- ni 

cd ca o 
ex »>^» 

.■2 u '^ 

00-- [-3 

o -o 

" H 

u 3 



3 <u 



ll 

.1:^ X 

X 00 

3 C 

Q. C 

I- ra 

™ .a fe 

TO 3 o 
■T3 0.2 



o 



,52 == A ?J 



ir CO 

;i -o 

f- <^ 

O X 



2'= 



5 2 



o 
z 

5 
u 

6 

X 
a. 



>^ 

cj 

c 
<u 
00 
CO 

c 

< 



OJ X 



< 

o 
f- 

Q 

O 

u 
a. 

f- 
z 

u 

iz . 



o 1> 



(U — 

X -^ 

■" c 

^ 3 






c5 o- 
■a X 

I = 
-§1 



O u 

Q -1 

Z w 

u OS 



„ 00 

D..E 

CJ 

CO 



1* "S 

y X 

1 .^ 

= X 

■- g 

CO 00 

« .E 

o 

o o 

« 00 

CO c 
u ;^ 

CO ^ QJ CO 

E Q. :S « E 



■" ^ t« 



;/! 3 
■3 ^ 



^^ 




o 1- 

D (U 

X X 

CO -^ 

x: 'j- 

X ■- 

3 X 

■^ = 

t/u O 

"Z E 

1) X 

.— CO 

00 1) 

Qi O 

r- 1> 

^ cC 

.. !^ 

U -o 

•< CO 

X - 



— CO O 

t a. ■£ 

CD 



O 11 



00 E 
dj o 



u 



1) 






~ a: 

O CO 

X c 

^ p 



c/1 ^ -t- ;_ 



CO X 

d 
o 



U 



o ■- 
.t: u 

(U D. 

■ — ■ CO 



CO 



■t: o 



OJ CO 






S2 ■£ c/5 E U E 



C X 

o _ 

?1 
•£ >. 

. CO 

CO -rj 
D 

_o -5 

Cl u- 

E a 



o H 

*- JZ 

ixi *; 

<L> C 

O <U 
"^ 

c o 

o „ 

E t 



CO 

-a 
§ 

>. 

CO 



-a jO 

4_, (U 

c/i X 
CO 

' — CA 



O c/) 

z ■- 

t^ C/) 

c/^ 

O >: 



'-= i; c/5 



^ 0^ 

t: X 

t4- ■" 

O C 

■O CO 



3 u 



< ,0 

< — 



CO 

-a 
c 
3 
00 

C/f 

-o y 

3 _0 

to a. 

^ E 

00 1) 

.E u 

■§ S 

"t3 c/2 

X 1- 

<u ,0 

<u "^ 

T3 CO 

a> "a 

3 :x 

to Q 



1) 1) i; 

-O X £ 



-o 

c 



a: X 



-a 



00 

c 



> o ■*- 

P 'vi C 

Q.-ii2 .2 

CL 1= ,t: 

« o Q. 



CO ^ c/5 

E :^ 

• — U-, ^ 3 

CO ^ u o 



00 c in 
1^.2 






11 



O J 

'" >> 

*" x: 

•S I 
E 

CO O 



n 
ll 



Q 



3 1) O 

«'^ ^ 

CO OJ tj 

•- _^ <U 

■^ -5 X 

(U *- "t: 

'- (U <*- 

= o ■= 

CO <*- >. 

X <U CO 

c/D X TD 



-n t 

•O CO 

C> ■ ' o 

- d: cQ 

o 



S o 



o 



c 



CO — 



CO 


n 


.0 


00 

CO 


c 


E 


CO 








CO 


c° 


CO 

C/l 




u 


m 


U 


<J 


c 


>> 




-£ 




X 


X 








■c 


-n 


in 







n) 


r 


■~ 


/- 






CO 




CO 


•4 


u 













n 




o 


X 


T 


£ 


3 


f— 


O- 


Cl 



•co' ii 

_U 3 

3 ■- 

ro H 



<u 



> 

CO) CO Ql 
O £ t/l 

O 0) -3 

L- Q_ 3 



CL O 

II 



CA 



n O «-> 1* 
CO .^ 4_. t:: • — 
.E a ii X c 



o — 
o 

d 

O L. 

3 a- 
P 5d 



o ? 



1- CO ciZ 



CO — Oi 



-DO- 
S'--^ 
CO u ^ 

O -£ o 



fe ii 

"E 3 

O .2 

<u .^ 

> o 

•— <u 

3 -a 

cj — 

aj CO 

;< 3 



CO X 



00 



C/5 X 



5 a H 



LO O 



C/D 

CO '3 



c 

5 

< 






o 



CO O CO O 



a 



oj E >- 

"2 cS - cl 

= .£ •« X 

13 , (/, 3 

U J3 _!, CL 

^ -£ 3 <u 

.i£ o a: ^ 



f- - 

X < 
U Of 
Z U 

z 

= o 



U 1) 
> X 



d 
o 



O [= 



C 
o 



a O •- 



i o T3 „ ~ oc: 2 



-2 

-" < 



is 



aj 
lo 
-o 

c/l X 

■p IJ 



CO 

> ■ 
o 

i- ■ 

D. 

Cl 

CO 

o _5J 



3 

L- 

O 
1) 

ID 
> 



X 

c 



-1 

Cfi u_ 
X CO 



- < 



3 — ■ 

■£ o 
x> 

5 d 



X 

C 
o 



c/l "O 
CO (U 

<U 3 



1> r3 

C/5 3 



11 

E 

00 
c 

3 
o. 
E 
o 



CO 

-a 
3 



d c/; 



■D 
3 



.22 X 
00 J^ 

O CL 



^ -a 
CO o 

■a -n 
E "J 

-^' -p 

CO *- 

-a 3 

3 > 

■5 ^ 
C/5 X 

CO -^ 

c 



X -a 
?-.x 



00 ♦-! 

3 '^5 



3 

-o 

X 



CO -t: 
3 



^ „ .= (U 



CO 



— X 

c o 



C CO 
CL-O 

- § 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 142 

AMENDING EXECUTIVE ORDER NUMBER 16 

THE GEOGRAPHIC INFORMATION 

COORDINATING COUNCIL AND 

THE CENTER FOR GEOGRAPHIC INFORMATION 

AND ANALYSIS 

By the authority vested in me as Governor b\ the laws and 
Constitution of North Carolina, IT IS ORDERED: 

Section _L Amendment 

Section 4 of Executive Order Number 16. as previously 
amended by Executive Order Number 124. is hereby further 
amended by adding the following members and provisions: 

t) The President of the North Carolina Community 

College System; 
u) The President of the University of North Carolina 

System; and. 
v) Such other individuals who the Governor deems 

appropriate to enhance the efforts of geographic 

information coordination. 

The addition of the President of the North Carolina 
Community College System and the President of the University 
of North Carolina shall bring the Council's membership to 
twenty-one members. Any additional members appointed by the 
Governor pursuant to subsection "v" above shall 
correspondingly increase the membership accordingly. 

The President of the North Carolina Community College 
System and the President of the University of North Carolina 
System shall serve continuously in the same manner as those 
members identified in subsections "a-g." "i-l." "r" and "s" in 
Executive Order Number 16. as amended. 

Any member appointed pursuant to subsection "v" shall serve 
a term of three years from the date of appointment. 

Subject to this amendment and the provisions within executive 
Order Number 1 24. all provisions of Executive Order Number 
16. as amended, shall remain in full force and effect. 



Section 2 



Effective Date 



This executive order is effective immediately. 
Done in the Capital City of Raleigh. North Carolina, this the 
I9thday of January, 1999. 

EXECUTIVE ORDER NO. 143 

ESTABLISHING THE NORTH CAROLINA 

INFORMATION HIGHWAY 

COUNCIL OF ADVISORS AND THE NORTH 

CAROLINA INFORMATION HIGHWAY POLICY 

COMMITTEE 

WHEREAS, the continued successful implementation of the 
North Carolina Information Highway is critical to improving the 
economic vitality of the State through the employment of 
information technology for economic development and to 
enhancing the quality of life of all citizens, particularly in the 
delivery of health ser\'ices. the education of its citizens, the 
training of its workforce, the providing of greater public safety 



through the development of an integrated criminal justice 
information system, the offering of more integrated, effective 
and elficient services to citizens by state and local governments 
and the deployment of information technology to citizens 
utilizing our libraries as gateways; and 

WHEREAS, it is important that the North Carolina 
Information Highway continue to be developed from a broad 
perspective utilizing the knowledge of a diverse group of 
citizens at the advisory level and a group of internal and external 
public officials as a policy committee. 

NOW, THEREFORE, by the authority vested in me as 
Governor by the laws and Constitution of the State of North 
Carolina, IT IS ORDERED: 



Section 1. 



Establishment 



The North Carolina Information Highway Council of Advisors 
and the North Carolina Information Highway Policy Committee 
are herebv established. 



Section 2. 



Definitions 



For the purposes of this Executive Order, the following 
definitions apply: 

A. The term "Council" means the North Carolina 
Information Highway Council of Advisors; 

B. The term "Policy Committee" means the North 
Carolina Information Highway Polic\ Committee; 

C. "North Carolina Information Highway" (NCIH) means 
the advanced telecommunications networks operating with high- 
speed increased capacity and capabilities and any other voice, 
data, video, imaging, other network or application that might be 
interoperable or interconnected with the North Carolina 
Information Highway. North Carolina Information Highway 
also refers to the efforts to assist North Carolina citizens, 
industry, government, education, health and communities to 
constantly seek to have access to excellent telecommunications 
networks that operate in a competitive environment or may need 
to have further involvement from the state temporarily in 
assisting with appropriate access to information networks. 

Section 3. Purpose and Intent 

The purpose of the Council and the Policy Committee is to 
advise the Governor, the Information Resources Management 
Commission (IRMC), the North Carolina General Assembly and 
the Department of Commerce on any matters pertaining to the 
NCIH. The Policy Committee shall also make such 
recommendations as it deems necessary to the Information 
Highway Grants Advisory Council. 

Section 4. Membership 

A. The Council shall consist of 30 members. The 
Speaker of the House shall serve on the Council and appoint 4 
additional members and the President Pro Term of the Senate 
shall serve on the Council and appoint 4 additional members. 
The Governor shall request the Chair of the IRMC. the Chair of 
the North Carolina Utilities Commission, the Chair of the Policy 
Committee, the Chief Executive officer of the Microelectronics 



13:16 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



1248 



EXECUTIVE ORDERS 



Center of North Carolina (MCNC) and the Secretary of the 
Department of Commerce to serve as ex-officio members of the 
Council. The Governor shall appoint the remaining 1 5 members 
of the Council, including the Chair. The appointing authorities 
shall consider interest in the State's telecommunications policies 
related to the ability of the State to provide responsive and cost- 
effective services to it citizens. To the extent possible, efforts 
should be made to represent all geographical areas of the State. 
To the extent possible, efforts should be made to represent all 
geographical areas of the state. The President of the University 
of North Carolina System, the President of the Community 
College System, the State Superintendent for Public Instruction, 
the Executive Director of the League of Municipalities, the 
Executive Director of the Association of County 
Commissioners, the Chair of the Employment Security 
Commission, the Director of the Association of Independent 
Colleges and the director of a major health organization that 
promotes the use of telehealth shall all be strongly considered 
for membership. 

Of the Governor's appointees, six shall be professionals from 
private industry' and shall be from the ranks of leaders in either 
the field of information or telecommunications technology or 
senior business leaders with experience in applying these 
technologies and services on an enterprise-wide basis. To 
augment this group for accomplishing its expanded 
responsibilities, the Secretary of Commerce may appoint up to 
four individuals from nonprofit organizations, local or federal 
government agencies, universities or research institutions to 
serve with it when meeting as an additional advisory body. 

The NCiH Council of Advisors shall meet at least once yearly. 
They will work with the Policy Committee to involve the 
business, educational and governmental communities and the 
citizens at large to understand the North Carolina Information 
Highway, applications that can use these information networks 
and their benefits to the State of North Carolina. 

B. Members of the Policy Committee and its Chair shall 
be appointed by the Governor. The Policy Committee shall be 
composed of individuals who represent agencies of the State of 
North Carolina including, but not limited to, representatives 
from the Council of State and Cabinet agencies, the Universit)' 
of North Carolina System, the North Carolina Community 
College System, the independent higher education sector and 
the K-12 community. A staff member form the IRM, a staff 
member fi^om the Secretary of Commerce's Office, a member of 
the MCNC Advanced Networking Group, a staff member from 
either the League of Municipalities or the Association of Count\' 
Commissioners and two staff members from the Governor's 
Office for Technology shall be appointed by the Governor. 
Representatives of public or private nonprofit shall be 
considered for membership. Membership on this Policy 
Committee should reflect the membership of the former NCIH 
Planning Committee. Local, state and federal government 
representative shall be considered for membership on this 
committee. The Committee may form subcommittees, as 
desired, to help in the performance of its duties and 
responsibilities. These may include, but are not limited to: 
technology, training, applications, public relations, finance, 
rates, regional committees, etc. The Committee will establish 



Regional Committees that will report their findings and 
recommendations to the Policy Committee on a regular basis. 

Regional Committees on Information Technology Networks 
should be represented on the NCIH policy Committee. An 
elected representative of each Regional Committee on 
Information Technology Networks as established by the NCIH 
Policy Committee shall serve on the Policy Committee. The 
Regional Committees should be responsible for assisting with 
the education of the citizens, business, education, health, 
government and nonprofit entities in the region regarding the 
issues of connectivity. They may or may not choose to become 
nonprofit 501(c)(3) organizations. Regional Committee 
members shall serve a term of one year on the Policy Committee 
and may serve additional terms if so elected by their Regional 
Committee. The name of the person who shall serve on the 
Policy Committee shall be forwarded to the Policy Committee by 
June 30th of each year. 

A member of the Policy Committee, designated by the Policy 
Committee or the Governor shall be authorized to sit on the 
IRMC as a voting member. 

The Policy Committee shall provide guidance and direction to 
the NCIH Council of Advisors. It shall use its experience and 
knowledge to provide unified recommendations on NCIH future 
directions to the IRMC, to recommend proposed NCIH 
standards to the IRMC, to integrate applications among agencies, 
to promote interoperability, and to coordinate integration efforts 
across state and local government agencies and when requested 
to federal and other agencies and organizations. 

The Policy Committee, the Department of Commerce and the 
IRMC should work closely together. During critical periods of 
the NCIH they should be in constant communication. To 
facilitate this, it is requested that the Secretary of Commerce 
encourage the NCIH staff to attend all meetings of the Policy 
Committee. The Department of Commerce and the Information 
Resources Management Commission will continue to have the 
authority over telecommunications currently identified for each 
by the General Statutes of North Carolina. 

C. Members of the Council and the Policy Committee shall 
serve two-year terms and may be reappointed. The original 
appointing authority shall fill vacancies for the balance of the 
unexpired terms. 

D. A majoritv of the members of the Council shall constitute 
a quorum for the transaction of business of the Council. A 
majority of the members of the Policy Committee shall constitute 
a quorum for the transaction of business of the Policy 
Committee. 

E. The Council members shall receive no salary. Subsistence 
and travel expenses are available for those who could not serve 
v\ithout reimbursement, in accordance with the North Carolina 
General Statutes 120-3.1, 138-5 and 1 18-6. as applicable. 
Members of the General Assembly will be requested to use their 
General Assembly funds to reimburse theni for their expenses 
Policy Committee members will receive any i cimbursemeiii form 
their respective agencies. 

F. The staff for the Council shall be the Policy Committee. 
The Office of the Governor, the IRMC and the Department of 
Commerce shall provide staff for the Polic> Committee. State 
entities that have members on the Policy Committee mav be 



1249 



NORTH CAROLINA REGISTER 



February' 15, 1999 



13:16 



EXECUTIVE ORDERS 



requested to provide some staff assistance to the Polic> 
Committee. 

G. The NCIH Policy Committee shall elect a vice chair and 
a secretary from among its members. These two officers and the 
chair shall constitute the Executive Committee. 

Section 5. Responsibilities. 

The NCIH Policy Committee shall make a report to the 
Executive Cabinet annually. In addition, it shall file a report 
with the Governor, the IRMC, the Secretary of Commerce and 
the General Assembly at least twice per year. The report may 
make recommendations on the NCIH implementation in the 
public schools, universities and community colleges of North 
Carolina, the libraries, the criminal justice system, 
intergovernmental and economic development activities, health 
services delivery, state and local agencies and any other 
recommendations they might choose to make about the planning 
and implementation of the NCIH. Upon request, the Council 
shall also report to the Education Oversight Committee, the 
Education Cabinet and any other General Assembly Oversight 
Committees. 

The NCIH Policy Committee shall direct recommendations 
that it cannot implement itself to the Secretary of Commerce, 
state Information Technology Services, the IRMC or other 



appropriate body and request consideration and/or 
implementation. 

Section 6. Funding 

Money for the carrying out of this Executive Order shall come 
from the funds of the State already appropriated. The Council 
and the Policy Committee may also receive funds from other 
public and/or private for-protit and nonprofit foundations. 

Section 7. Succession 

Membership succession for each of the positions noted in this 
Executive Order shall be by their original appointing body. The 
North Carolina Information Highway Policy Committee may 
desire to become a self-supporting organization designated as a 
nonprofit 501(c)(3) and is authorized to explore this option. 

Section 8. Effect on Other Executive Orders. 

Executive Order Number 68 and all other prior Executive 
Orders (or portions of prior Executive Orders) inconsistent 
herewith are rescinded. 

This order is effective immediately and shall remain in effect 
until rescinded. 

Done in the Capital City of Raleigh, North Carolina, this 19th 
day of January, 1999. 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1250 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the Codifier 
of Rules for publication. 



i' 



U.S. Department of Justice 
Civil Rights Division 



EJ:GS:DCB:par Voting Section 

DJ 166-012-3 PO Box 66128 

98-3853 Washington, D.C. 20035-6128 

98-4102 



January 19, 1999 



Jesse L. Warren, Esq. 

City Attorney 

P.O. Box 3136 

Greensboro, North Carolina 27402 

Dear Mr. Warren: 

This refers to four annexations (Ordinance Nos. 1 69, 1 85, 1 87 and 1 92 ( 1 998)) and their designation to council districts of 
the City of Greensboro in Guilford County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting 
Rights Act. 42 U.S. C. 1973c. We received your submissions on November 30 and December 23. 1998. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly 
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. 
In addition, as authorized by Section 5, we reserve the right to reexamine these submissions if additional information that would 
otherwise require an objection comes to our attention during the remainder of the sixty-day review period. See the Procedures for 
the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 



Sincerely, 



Elizabeth Johnson 
Chief, Voting Section 



1251 NORTH CAROLINA REGISTER Februan 15, 1999 13:16 



R ULE-MAKING A GENUA 



An agency may choose to publish a rule-making agenda which serves as a notice of rule-making proceedings if the 
agenda includes the information required in a notice of rule-making proceedings. The agency must accept comments 
on the agenda for at least 60 days from tl]e publication date. Statutory reference: G.S. 1508-21.2. 



TITLE ISA - DEPARTIVIENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

This agenda will serve as the notice of rule-making proceedings for the following rule-making bodies fi-om April 1 5 through 
June 15, 1999: 

Environmental Management Commission to rules codified in 15A NCAC 2; 

Commission for Health Services to rules codified in 15A NCAC 18A; 

Wastewater Treatment Plant Operators Certification Commission to rules codified in 15A NCAC 8. 

DENR Regulator} Agenda Index - January 25, 1999 

RULE CITATION # 
15A NCAC 2D .0541 

15A NCAC 2D .0501 
15A NCAC 2D. 1200 

15A NCAC 2D .0926, .0927, .0932 

15A NCAC 2D .0501 

15A NCAC 2D. 1703 

15A NCAC 2D. 1104, 20.0711 

15A NCAC 2D. 1 104, 2Q. 0711 



AIR QUALITY 




APA*^ 


SUBJECT 


E2753 


Control of Emissions ft-om 




Abrasive Blasting 


E2755 


Emissions Trading ("Bubble") 


E2756 


Municipal Waste Combustors 




Gasoline Truck Tanks, Bulk 


E2757 


Gasoline Plants, Bulk Gasoline 




Terminals 


E2758 


Compliance with Emission 




Control Standards 


E2759 


Solidwaste Landtllls 


E2760 


Air Toxics 


E2761 


Air Toxics 



ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 
A PA # SUBJECT RULE CITATION # 

E2733 Sanitation of Summer Camps 15A NCAC 18A .1000 

E2735 Sanitation of Hospitals, Nursing 15A NCAC 18A .1300 

and Rest Homes, Sanitariums, 

Sanatoriums, etc. 
E2736 Sanitation of Residential Care 1 5 A NCAC 1 8A . 1 600 

Facilities 
E2737 Sanitation of Protection of Water 15A NCAC 18A .1700 

Supplies 
E2738 Sanitation of Public, Private, 15A NCAC 18A .2400 

and Religious Schools 



WATER QUALITY 

APA # SUBJECT RULE CITATION # 

E2754 Animal Waste Certified Operators 1 5A NCAC 8F .0406, .0407 

DENR Regulatory Agenda - January 25, 1999 

APA #: E2733 

SUBJECT: Sanitation of Summer Camps 

RULE CITATION #: 15ANCAC 18A .1000 

STATUTORY AUTHORITY: G.S. 130A-248 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: Bart Campbell 



13:16 NORTH CAROLINA REGISTER Eebruan' 15, 1999 1252 



R ULE-MAKING A GENOA 



DIVISION CONTACT TEL#: (919)715-7148 

DATE INITIATED: 11/18/98 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To serve as notice of intent to review and revise these rules as necessary to ensure they are cuirent and respond to 
input from local health departments and regulated parties. These rules cover the sanitation requirements for summer 
camps that are available to the public. 

APA #: E2735 

SUBJECT; Sanitation of Hospitals, Nursing and Rest Homes, Sanitariums, Sanatoriums, etc. 

RULE CITATION #: 15A NCAC 18A .1300 

STATUTORY AUTHORITY: G.S. I30A-235 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: Bart Campbell 

DIVISION CONTACT TEL#: (919)715-7148 

DATE INITIATED: 11/24/98 

DURATION OF RULE: Permanent 8/1/00 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To serve as notice of intent to review and revise these rules as necessary to ensure they are current and respond to 

input from local health departments and regulated parties. 

APA #: E2736 

SUBJECT: Sanitation of Residential Care Facilities 

RULE CITATION #: 15ANCAC 18A .1600 

STATUTORY AUTHORITY: G.S. 130A-235 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: Bart Campbell 

DIVISION CONTACT TEL#: (919)715-7148 

DATE INITIATED: 11/24/98 

DURATION OF RULE: Permanent 8/1/00 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To serve as notice of intent to review and revise these rules as necessary to ensure they are current and respond to 
input from local health departments and regulated parties. 

APA #: E2737 

SUBJECT: Sanitation of Protection of Water Supplies 

RULE CITATION #: 1 5A NCAC 1 8A . 1 700 

STATUTORY AUTHORITY: G.S. 95-255; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257 

DIVISION/SECTION; ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT; Bart Campbell 

DIVISION CONTACT TEL#: (919)715-7148 

DATE INITIATED: 1 1/24/98 

DURATION OF RULE: Permanent 8/1/00 

TYPE OF RULE; 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To serve as notice of intent to review and revise these rules as necessary to ensure they are current and respond to 

input from local health departments and regulated parties. 



1253 NORTH CAROLINA REGISTER Februan 15, 1999 13:16 



R ULE-MAKING A GENOA 



APA #: E2738 

SUBJECT: Sanitation of Public, Private, and Religious Schools 

RULE CITATION #: I5A NCAC ISA .2400 

STATUTORY AUTHORITY: G.S. I30A-236 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES 

DIVISION CONTACT: Bart Campbell 

DIVISION CONTACT TEL#: (9 1 9)7 1 5-7 1 48 

DATE INITIATED: 11/24/98 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To serve as notice of intent to review and revise these rules as necessary to ensure they are current and respond to 

input from local health departments and regulated parties. 

APA #: E2753 

SUBJECT: Control of Emissions from Abrasive Blasting 

RULE CITATION #: 15A NCAC 2D .0541 

STATUTORY AUTHORITY: G.S. l43-2l5.3(a)( I): 143-215. 108(c)(7): 143-2 15. 108(d)(1) 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thom Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE FNITIATED: 1/15/99 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

GOV LEVELS AFFECTED: None 

STAGE OF DEVELOPMENT: Draft Rule Stage 

REASON FOR ACTION : 

This is a new rule intended to establish air qualit\' standards and requirements for abrasive blasting activities. 

SCOPE/NATURE/SUMMARY : 

The proposed rule establishes three requirements for abrasive blasting operations. The rule establishes parameters 
that must be met in order to perform abrasive blasting outside of a building, requires outside abrasive blasting 
activities to be conducted in strict accordance with I5A NCAC 2D .0521, Control of Visible Emissions, and 
requires abrasive blasting operators to take precautions to ensure that the fugitive dust generated b\ their activities 
does not migrate beyond property lines. 

APA #: E2754 

SUBJECT: Animal Waste Certified Operators 

RULE CITATION #: 15A NCAC 8F .0406, .0407 

STATUTORY AUTHORITY: G.S. 90A-39; 90A-41: 90A-47; 1438-300: 150B-3: I50B-23; 1508-38: 1508-52 

DIVISION/SECTION: WATER QUALITY 

DIVISION CONTACT: Dwight Lancaster 

DIVISION CONTACT TEL#: (919)733-0026 

DATE INITIATED: 1/11/99 

DURATION OF RULE: Permanent 8/1/00 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The Water Pollution Control System Operators Certification Commission certifies water pollution control SNStem 
operators through two sets of rules. Operators of animal waste management systems are certified under 1 5A NCAC 
8F and the Commission adopted 15A NCAC 8G for certification of operators for other tvpes of water pollution 
control systems. The current rules concerning disciplinary actions and recertification requirements for certified 
animal waste operators differ from those recently adopted for other certified operators. The proposed amendments 
will provide unifonnit> in disciplinar> and recertification procedures for all operators certified by the Commission. 

SCOPE/NATURE/SUMMARY : 

The proposed amendments will impact certified animal waste operators \shen circumstances indicate that 



13:16 NORTH CAROLINA REGISTER Februan 15, 1999 1254 



R ULE-MAKING A GENOA 



disciplinan, actions may be needed. 

The proposed amendments clarify the grounds for disciplinary action, establishes a procedure for implementing 
disciplinar> actions and establishes a procedure for certification following disciplinary actions. 

APA #: E2755 

RULE CITATION #: 15A NCAC 2D .0501 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(I), 143-215. 107(a)(5); 143-215.108 

SUBJECT: Emissions Trading ("Bubble") 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT TEL#: (919)733-1489 

DIVISION CONTACT: Thorn Allen 

DATE INITIATED: 1/11/99 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To allow Title V facilities to use the Title V permitting procedures for emissions trading instead of the SIP process. 

SCOPE/NATURE/SUMMARY : 

Currently Rule 15A NCAC 2S .0501. Compliance with Emission Control Standards, requires that permits using 
an alternative mix of controls (emissions trading or "bubble") to comply with the air qua!it> standards be adopted 
as part of the State Implementation Plan (SIP). To streamline this process, this Rule and perhaps other related rules 
should be amended to allow the Title V permitting process to be substituted for the SIP process for Title V 
facilities. (A Title V facilit> is a facility required to be permitted according to the requirements of Title V of the 
Federal Clean Air Act.) Both processes involve the same amount of public participation. Both involve EPA review 
and approval. Under the current process, there could be two public comment periods and nvo EPA reviews. Title 
V encourages using the Title V permitting process for emissions trading. This rule change would simplify and 
streamline the emissions trading process by eliminating duplicative processing. 

APA #: E2756 

SUBJECT: Municipal Waste Combustors 

RULE CITATION #: 15A NCAC 2D .1200 

STATUTORY AUTHORITY: G.S. 143-215.3(a); 143-215. 107(a)(4), (5), (10) 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thom Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 1/II/99 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To revise the incinerator rules for municipal waste combustors (MWC) as a result of EPA's revised definition. 

SCOPE/NATURE/SUMMARY : 

When EPA first promulgated its guideline requirements for states to adopt rules for existing municipal waste 
combustors. it required all municipal waste combustors at the same location to be summed to determine if the 
municipal waste combustor plant were to be considered a large plant or a small plant. Large plants are required to 
comply with more restrictive requirements than small plants. As a result of litigation, the standards for small 
municipal waste combustors were vacated. The result of the litigation is that onK the capa>.il} of individual units 
are considered in determining whether the unit must meet the requirements for a large combustor or a small 
combustor. The rules pertaining to municipal waste combustors in Section 15A NCAC 2D .1200. Control of 
Emissions from Incinerators, need revision to bring them in line with this change in definition. Fin then non-', these 
rules need to be amended to incorporate the changes for large municipal waste combustors under 40 CFR Part 60, 
Subpart Cb (62 FR 45! 16). They will also need amending to incorporate changes for small municipal waste 
combustors once those standards are promulgated. 



1255 NORTH CAROLINA REGISTER February 15, 1999 13:16 



R ULE-MAKING A GENOA 



APA #: E2757 

SUBJECT: Gasoline Truck Tanks. Bulk Gasoline Plants, Bulk Gasoline Terminals 

RULE CITATION #: 15A NCAC 2D .0926, .0927, .0932 

STATUTORY AUTHORITY: G.S. 143-215.3(a); 143-215. 107(a)(5) 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 1/11/99 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To revise 15A NCAC 2D .0932, Gasoline Truck Tanks and Vapor Collection Systems, to require gasoline bulk 
terminals to keep a copy of the truck tank certifications of the truck tanks that are provided gasoline by the 
terminals. 

SCOPE/NATURE/SUMMARY : 

Rule 1 5A NCAC 2D .0932 requires truck tanks to be certified leak tight annually. This Rule requires that a copy 
of the most recent certification test be kept with the truck tank. Rules t5A NCAC 2D .0927, Bulk Gasoline 
Terminals, and .0926. Bulk Gasoline Plants, prohibit terminals and plants from loading truck tanks that are not 
certified leak tight. The rule change would require gasoline bulk terminals and bulk plants to keep a copy of the 
leak tight certification of the truck tanks that they load. This change should aid the terminals and bulk plants, as 
well as the Division of Air Quality, in determining if the truck tanks being loaded have been certified as leak tight 
within the last 12 months. Most terminals already maintain these records. The rule change will probably involve 
amending 15A NCAC 2D .0926, .0927. and .0932. 

APA #: E2758 

SUBJECT: Compliance with Emission Control Standards 

RULE CITATIONS: 15A NCAC 2D .0501 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thom Allen 

STATUTORY AUTHORITY: G.S. 143-215.3(a): 143-2 15. 107(a)(5) 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 1/11/99 

DURATION OF RULE: Permanem 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To replace the method for determining condensible particulates proposed on August 17. 1971. in the Federal 
Register. Volume 36. Number 159, with 40 CFR Part 61, Appendix M, Method 202. 

SCOPE/NATURE/SUMMARY : 

To measure condensible particulates. Rule 15A NCAC 2D .0501, Compliance with Emission Control Standards, 
requires the use of Method 5 as proposed on August 17, 1971, in the Federal Register, Volume 36, Number 159. 
In 1 99 1 , EPA promulgated a condensible particulate test method. This is Method 202 of 40 CFR Part 60, Appendi.x 
M. This test method is the method that EPA has identified as the reference test method for condensible particulates. 
Rule 1 5 A NCAC 2D .0501 needs to be amended to replace the old method with Method 202. 

APA #: E2759 

SUBJECT: Solidwaste Landfills 

RULE CITATION #: 1 5A NCAC 2D .1703 

STATUTORY AUTHORITY: G.S. 143-215.3(a); 143-215. 107(a)(5), (10) 

DIVISION SECTION: AIR QUALITY 

DIVISION CONTACT: Thom Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 1/11/99 

DURATION OF RULE: Permanent 

TYPE OF RULE: 



J3:16 NORTH CAROLINA REGISTER February 15, 1999 1256 



RULE-MAKING AGENDA 



STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To revise the municipal solid waste landfill rules as a result of changes in EPA rules. 

SCOPE/NATURE/SUMMARY : 

On June 16, 1998, REPA promulgated amendments to the municipal solid waste landfill rules in 40 CFR Part 6, 
Subpart Cc and WWW. The State rules automatically incorporated most of these changes. However, as a result 
of these amendments. Rule 15A NCAC 2D .1703, Emission Standards, needs amending. The phrase "2.75 million 
tons OR 2.5 million cubic meters" needs to be replaced with "2.75 million tons AND 2.5 million cubic meters." 

APA #: E2760 

SUBJECT: Air Toxics 

RULE CITATION #: 1 5 A NCAC 2D . 1 1 04, 2Q .07 1 1 

STATUTORY AUTHORITY: G.S. 143-215.3(a)(l ); 143-215. 107(a)(3), (4), (5); 143-215.108; 143-282; S.L. 1989, 

c. 168, s. 45 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: I/I 1/99 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT; Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To amend the air toxic rules to revise the acceptable ambient levels for 1, 3-butadiene and carbon tetrachloride. 

SCOPE/NATURE/SUMMARY : 

The Secretary's Scientific Advisory Board (SAB) has recommended that the acceptable ambient level for 1, 
3-butadiene be changed from 1.7 x 10"^ mg'm', annual average to 4.6 x 10^ mg/m', annual average. It has 
recommended that the acceptable ambient level for carbon tetrachloride be changed from 6 7 x 10"' nig'rn'. annual 
average to 1.0 x lO"' mg/m\ annual average. Rule 15A NCAC 2D .1 104, Toxic Air Polluti'.;i: Guidelines, would 
be amended to revise the acceptable ambient levels for these toxic air pollutants. Rule 15A NCAC 20 .0711, 
Emission Rates Requiring a Permit, would be amended to add corresponding toxic permit emission rates. 

APA #:E2761 

SUBJECT: Air Toxics 

RULE CITATION #: 15A NCAC 2D .1104, 2Q .0711 

STATUTORY AUTHORITY: G.S. 143-2I5,3(a)(l); 143-215. 107(a)(3), (4), (5); 143-215.108; 143-282; S.L. 1989, 

c. 168, s. 45 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thom Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 1/11/99 

DURATION OF RULE; Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To amend the air toxic rules to add acceptable ambient levels for naphthalene. 

SCOPE/NATURE/SUMMARY : 

The Secretary's Scientific Advisory Board (SAB) has recommended an acceptable ambient level for naphthalene 
of 0.031 mg/m\24-houraverage, or 0.22 mg/m\ 24-hour average. Rule 15A NCAC 2D .1 104. loxic Air Pollutant 
Guidelines, would be amended to add an acceptable ambient level for this toxic air polluttint. Rule 1 5 A NCAC 2Q 
.071 1. Emission Rates Requiring a Permit, would be amended to add a corresponding toxic permit emission rale. 



1257 NORTH CAROLINA REGISTER Februaiy 15, 1999 13:16 



RULEMAKING PROCEEDINGS 



A Notice of Rule- making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a 
rule. Publication of a temporaty rule serves as a Notice of Rule-making Proceedings and can be found in the Register under 
the section heading of Temporary Rules. A Rule-making Agenda published by an agency ser\'es as Rule-making Proceedings 
and can be found in the Register under the section heading of Rule-making .Agendas. Stalutoiy reference: G.S. I50B-2I .2. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR 
VEHICLES 

SUBCHAPTER 31 - RULES AND REGULATIONS 

GOVERNING THE LICENSING OF COMMERCIAL 

DRIVER TRAINING SCHOOLS AND INSTRUCTIONS 

A Totice of Rule-making Proceedings is hereby given by the North Carolina Department of Transportation - Division of Motor 
1 V Vehicles in accordance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 19A NCAC 31.0207. .0301 -.0302, .0307. .0401 - .0402, .0501. .0601. 
.0701. .0804. Other rules may be proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 20-321: 20-322: 20-323: 20-324: 20-325 

Statement of the Subject Matter: Rules proposed for amendment govern the licensing of commercial driver training schools and 
instructors. Amended rules establish minimum operating standards for commercial driver training schools. 

Reason for Proposed Action: Rules are proposed jbr amendment to reflect current trends in commercial driver training schools. 
Commercial schools which originally taught adult driver training now contract with local school boards to teach beginning drivers. 
Proposed amendments will bring the DMl ' rules into compliance with the State Board of Education driver training rules. 

Comment Procedures: .4ny interested person may submit written comments on the proposed rules by mailing the comments to Emily 
Lee. N.C. DOT PO Box 25201. Raleigh. NC 27611 within 30 days after the proposed rules are published or until the date of any 
public hearing held on the proposed rules, whichever is longer 



13:16 NORTH CAROLINA REGISTER Februan 15, 1999 1258 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice 
of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication 
date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 
days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 
150B-2I.2. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-2I.2 
that the DENR - Coastal Resources Commission intends to 
amend rule cited as 15A NC.4C 7H .1805. Notice of Rule- 
making Proceedings was published in the Register on October 
I, 1998. 

Proposed Effective Date: August 1, 2000 

A Public Hearing will be conducted at 4:30 p.m. on March 25, 
1999 at the Sheraton Atlantic Beach, 2717 Fort Macon Road, 
Atlantic Beach. NC 28512. 

Reason for Proposed Action: The Coastal Resources 
Commission has agreed that North Carolina property owners 
should be able to protect their oceanfront property by bulldozing 
sand, in instances where sea turtle nests would not be damaged. 

Comment Procedures: To make comments please contact Rich 
Shaw, Division of Coastal Management. PO Box 27687, 
Raleigh, NC 27611-7687, 919-733-2293. Comments will be 
accepted through March 25. 1999. 

Fiscal Note: 777/5 Rule does not affect the expenditures or 
revenues of state or local government funds. This Rule does not 
have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 



adjoining landowner(s). 

(c) Movement of material from seaward of the mean high 
water line is not authorized. 

(d) The activity must not significantly increase erosion on 
neighboring properties and must not have a significant adverse 
effect on important natural or cultural resources. 

(e) Adding to dunes shall be accomplished in such a manner 
that the damage to existing vegetation is minimized. The fill 
areas will be immediately replanted or temporarily stabilized 
until planting can be successfully completed. 

(f) In order to minimize adverse impacts to nesting sea turtles, 
no work shall occur within the period of May 1 through 
November 1 5 of any yeafr year, without the prior approval of 
the Division of Coastal Management, in coordination with the 
North Carolina Wildlife Resources Commission, the United 
States Fish and Wildlife Service and the United States Army 
Corps of Engineers. 

(g) If one contiguous acre or more of oceanfront property is 
to be excavated or filled, an erosion and sedimentation control 
plan must be filed with the Division of Land Resources. Land 
Quality Section, or appropriate local government having 
jurisdiction. This plan must be approved prior to commencing 
the land disturbing activity. 



Authority G.S. 
113A-li8.1. 



I13-229(cl), 113A-107(a)(b): 113.4-113(b); 



'ff'k'k-k'k'ft'k'k'ir-k'k-ie'k-k'itit'k 



Notice is hereby given In accordance with G.S. 150B-21.2 
that the Coastal Resources Commission intends to amend 
rules cited as 15A NCAC 7M .0401 - .0403. Notice of Rule- 
making Proceedings was published in the Register on December 
15, 1998 



SECTION .1800 - GENERAL PERMIT TO ALLOW 

BEACH BULLDOZING LANDWARD OF THE 

MEAN HIGH WATER MARK IN THE 

OCEAN HAZARD AECs 

.1805 SPECIFIC CONDITIONS 

(a) The area in which this activity is being performed must 
maintain a slope of adequate grade so as to not endanger the 
public or the public's use of the beach and should follow the 
pre-emergency slopes as closely as possible. The movement of 
material by a bulldozer, front-end loader, backhoe. scraper or 
any type of earth moving or construction equipment shall not 
exceed 1 foot in depth measured from the pre-activity surface 
elevation. 

(b) The activity must not exceed the lateral bounds of the 
applicant's property unless he has the written permission of the 



Proposed Effective Date: .August 1. 2000 

A Public Hearing will be conducted at 4:30 p.m. on March 25. 
1999 at the Sheraton Atlantic Beach, 2717 Fort Macon Road, 
Atlantic Beach, NC 28512. 

Reason for Proposed Action: A review of the current rules 
and scientific literature identified a :ieed to make minor 
amendments to the energy policies to protect key fisheries 
habitat and endangered seablrds from potential impacis from 
offshore development of energy resources. 

Comment Procedures: Kim Crawford. NC Division of Coastal 
Management. PO Box 27687, Raleigh. SC 27611-''68'', 919- 
733-2293. Comments will be accepted through March 25, 1999. 



1259 



NORTH CAROLINA REGISTER 



Februaiy 15, 1999 



13:16 



PROPOSED RULES 



Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do not 
have a substantial economic impact of at least five million 
dollars fS 5. 000. 000) in a 12-month period. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7M - GENERAL POLICY 
GUIDELINES FOR THE COASTAL AREA 

SECTION .0400 - COASTAL ENERGY POLICIES 

.0401 DECLARATION OF GENERAL POLICY 

(a) It is hereby declared that the general welfare and public 
interest require that reliable sources of energy be made available 
to the citizens of North Carolina. It is further declared that the 
development of energy facilities and energy resources within the 
state and in offshore waters can serve important regional and 
national interests. However, unwise development of energy 
facilities or energy resources can conflict with the recognized 
and equally important public interest that rests in conserving and 
protecting the valuable land and water resources of the state and 
nation, particularly coastal lands and waters. Therefore, in order 
to balance the public benefits attached to necessary energy 
development against the need to protect valuable coastal 
resources, the planning of future land uses, the exercise of 
regulatory authority, and determinations of consistency with the 
North Carolina Coastal Management Program shall assure that 
the development of energy facilities and energy resources shall 
avoid significant adverse impact upon vital coastal resources or 
uses, public trust areas and public access rights. 

(b) Exploration for the development of offshore and Outer 
Continental Shelf (DCS) energy resources has the potential to 
affect coastal resources. The Federal Coastal Zone Management 
Act of 1972, as amended, requires that federal oil and gas 
leasing actions of the US Department of the Interior be 
consistent to the maximum extent practicable with the 
enforceable policies of the federally approved North Carolina 
Coastal Management Program. Program, and that exploration, 
development and production activities associated with such 
leases complv with those enforceable policies. Enforceable 
policies applicable to DCS activities include all the provisions 
and policies of this Rule, as well as any other applicable 
federally approved components of the North Carolina Coastal 
Management Program. All pennit applications, plans and 
assessments related to exploration or development of DCS 
resources and other relevant energy facilities must contain 
sufficient information to allow adequate analysis of the 
consistency of all proposed activities with these Rules and 
policies. 

Authority G.S. I13.4-102(h/: 113.4-10": 113.4-124. 

.0402 DEFINITIONS 

(a) "Impact Assessment" is an analy?is which fully discusses 
the potential environmental, economic and social consequences 
of a proposed project. At a minimum, the assessment shall 
include the following information: and for each of the following 



shall discuss and assess any effects on any land or water use or 
natural resource of the coastal area, including the effects within 
the coastal area caused by activities outside the coastal area. 

(1) a full discussion of the preferred sites for those 
elements of the project affecting an\ land or water use 
or natural resource of the coastal area. 

(A) In all cases where the preferred site is located 
within an area of environmental concern 
(AEC) or on a barrier island, the applicant shall 
identify alternative sites considered and present 
a full discussion [in terms of 
Subparagraphs (a)(2) through (8) of this Rule] 
of the reasons why the chosen location was 
deemed more suitable than another feasible 
alternate site. 

(B) If the preferred site is not located within an 
AEC or on a barrier island, the applicant shall 
present reasonable evidence to support the 
proposed location over a feasible alternate site. 

(C) In those cases where an applicant chooses a 
site previously identified by the state as 
suitable for such development and the site is 
outside an AEC or not on a barrier island, 
alternative site considerations shall not be 
required as part of this assessment procedure; 

(2) a full discussion of the economic impacts, both 
positive and negative, of the proposed project. This 
discussion shall focus on economic impacts to the 
public, not on matters that are purely internal to the 
corporate operation of the applicant. No proprietary 
or confidential economic data shall be required. This 
discussion shall include analysis of likely adverse 
impacts upon the ability of any governmental unit to 
furnish necessary services or facilities as well as other 
secondary impacts of significance: 

(3) a full discussion of potential adverse impacts on 
es tuarin e or coa s tal r e sourc e s, coastal resources, 
including marine and estuarine resources and wildlife 
resources, as defined in G.S. 1 13A-129; 

(4) a full discussion of potential adverse impacts on 
existing industry and potential limitations on the 
availability of natural resources, particularly water, 
for future industrial development; 

(5) a full discussion of potential significant adverse 
impacts on recreational uses and scenic, 
archaeological and historic resources; 

(6) a full discussion of potential risks of danger to human 
life or property ; 

(7) a full discussion of the procedures and time needed to 
secure an energ\ facilit\ [n the e\ent of se\ere 
weather conditions, such as extreme wind, currents 
and waves due to northeasters and hurricanes; 

(8) (pother specific data necessary for the various state 
and federal agencies and commissions with 
jurisdiction to evaluate the consistency of the 
proposed project with relevant standards and 
guidelines; 

(9) f&)a specific demonstration that the proposed project 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1260 



PROPOSED RULES 



is consistent with relevant local land use plans and 
with guidelines governing land uses in AECs. 
If appropriate environmental documents are prepared and 
reviewed under the provisions of the National Environmental 
Policy Act (NEPA) or the North Carolina Environmental Policy 
Act (NCEPA), this review will satisfy this definition of "impact 
assessment" if all issues listed in this Rule are addressed and 
these documents are submitted in sufficient time to be used to 
review state permit applications for the project or subsequent 
consistency determinations. 

(b) "Major energy facilities" are those energy facilities which 
because of their size, magnitude or scope of impacts, have the 
potential to affect any land or water use or natural resource of 
the coastal area. For purposes of this definition, major energy 
facilities shall include, but are not necessarily limited to. the 
following: 

( 1 ) Any facility capable of refining oil; 

(2) Any terminals (and associated facilities) capable of 
handling, processing, or storing liquid propane gas, 
liquid natural gas, or synthetic natural gas; 

(3) Any oil or gas storage facilitx that is capable of 
storing 15 million gallons or more on a single site; 

(4) Electric generating facilities 300 MGW or larger; 

(5) Thermal energy generation; 

(6) Major pipelines 12 inches or more in diameter that 
carry crude petroleum, natural gas, liquid natural gas, 
liquid propane gas, or synthetic gas; 

(7) Structures, including drillships and floating platforms 
and structures relocated from other states or countries, 
located in offshore waters for the purposes of 
exploration for, or development or production of, oil 
or natural gas; and 

(8) Onshore support or staging facilities related to 
exploration for, or development or production of, oil 
or natural gas. 

(c) "Offshore waters" are those waters seaward of the state's 
three-mile offshore jurisdictional boundary in which 
development activities may impact any land or water use or 
natural resource of the state's coastal area. 

Authority G.S. ]13A-102(h): 113A-10': 1I3A-I24. 

.0403 POLICY STATEMENTS 

(a) The placement and operations of major energy facilities in 
or affecting anN land or water use or natural resource of the 
North Carolina coastal area shall be done in a manner that allows 
for protection of the environment and local and regional 
socio-economic goals as set forth in the local land-use plan(s) 
and State guidelines in 15A NCAC 7H and 7M. The placement 
and operation of such facilities shall be consistent with 
established state standards and rules and shall comply with local 
land use plans and with guidelines for land uses in AECs. 

(b) Proposals, plans and permit applications for major energy 
facilities to be located in or affecting any land or water use or 
natural resource of the North Carolina coastal area shall include 
a full disclosure of all costs and benefits associated w ith the 
project. This disclosure shall be prepared at the earliest feasible 
stage in planning for the project and shall be in the form of an 



impact assessment prepared by the applicant as defined in 15A 
NCAC 7M .0402. 

(c) Local governments shall not unreasonably restrict the 
development of necessary energy facilities; however, they may 
develop siting measures that will minimize impacts to local 
resources and to identify' potential sites suitable for energy- 
facilities. 

(d) Energy facilities that do not require shorefront access 
shall be sited inland of the shoreline areas. In instances when 
shoreline portions of the coastal zone area are necessary 
locations, shoreline siting shall be acceptable only if it can be 
demonstrated that coastal resources and public trust waters will 
be adequately protected, the public's right to access and passage 
will not be unreasonabK restricted, and all reasonable mitigating 
measures have been taken to minimize impacts to AECs. 

(e) The scenic and visual qualities of coastal areas shall be 
considered and protected as important public resources. Energy 
development shall be sited and designed to provide maximum 
protection of views to and along the ocean, sounds and scenic 
coastal areas, and to minimize the alteration of natural 
landforms. 

(f) All energy facilities in or affecting any land or water use 
or natural resource of the coastal area shall be sited and operated 
so as to b e con s i s t e nt comply with the following criteria, to th e 
maximum e xt e nt pracicabl e . 

(1) Risks of e nvironmental harm to fi s h s pawning ar e as, 
in or aff e cting th e coastal ar e a, shall b e ass e ssed and 
minimiz e d. Adverse impacts on resources of the 
coastal area, including marine and estiiarine resources 
and wildlife resources, as defined in G.S. 1 13A-129. 
and adverse impacts on land or water uses in the 
coastal area shall be avoided unless site specific 
information demonstrates that there will be no adverse 
impacts on land or water uses or natural resources of 
the coastal area. 

(2) Risks of environmental harm to coastal resources and 
uses shall be assessed and minimized. Necessan, data 
and information required by the state for state permits 
and federal consistency reviews, pursuant to 1 5 CFR 
part 930. shall completely assess the risks of oil spills, 
evaluate possible trajectories, and enumerate response 
and mitigation measures employing the best available 
technology to be followed in the event of a spill. The 
information must demonstrate that the potential for oil 
spills and ensuing damage to coastal resources has 
been minimized and shall factor environmental 
conditions, currents, winds, and inclement events such 
as Northeasters and hurricanes, in trajectory 
scenarios. For facilities requiring an Oil Spill 
Conting e ncy Response Plan, this information shall be 
included in such a plan. 

(3) Dredging, spoil disposal ai.d construction of related 
structures that are reasonably likely lo affect any land 
or water use or natural resource of the coastal area 
shall be minimized, and any unavoidable actions of 
this sort shall minimize damage to the marine 
environment. 

(4) Damage to or interference with existing or traditional 



1261 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



13:16 



PROPOSED RULES 



uses, such as fishing, navigation and access to pubHc 
trust areas, and areas with high biological or 
recreational value, shall be avoided to the extent that 
such damage or interference is reasonably likely to 
affect any land or water use or natural resource of the 
coastal area. 

(5) Placement of structures in geologically unstable areas, 
such as unstable sediments and active faults, shall be 
avoided to the extent that damage to such structures 
resulting fi-om geological phenomena is reasonably 
likely to affect any land or water use or natural 
resource of the coastal area. 

(6) Wildlif e destruction or r e location s hall b e as sesse d 
and minimized to th e e xt e nt that such d e struction or 
relocation is r e asonably lik e ly to aff e ct any land or 
wat e r us e or natural r es ource of the coastal area. 
Procedures necessary to secure an energy facility jn 
the event of severe weather conditions, such as 
extreme wind, currents and waves due to northeasters 
and hurricanes, shall be initiated sufficiently in 
advance of the commencement of severe weather to 
ensure that adverse impacts on any land or water use 
or natural resource of the coastal area shall be 
avoided. 

(7) Adverse impacts on species identified as threatened or 
endangered on Federal or State lists shall be avoided. 

(8) Major energy facilities are not appropriate uses in 
fragile or historic areas, and other areas containing 
environmental or natural resources of more than local 
significance, such as parks, recreation areas, wildlife 
refuges, and historic sites. 

(9) No energy facilities shall be sited in areas where they 
pose a threat to the integrity of the facility and 
surrounding areas, such as ocean front areas with high 
erosion rates, areas having a history of overwash or 
inlet formation, and areas in the vicinity of existing 
inlets. 

(10) In the siting of energy facilities and related structures. 

the following areas shall be avoided: avoid e d to the 

maximum e xt e nt f e asible: 

(A) areas of high biological significance, including 
offshore reefs, rock outcrops and hard bottom 
areas, sea turtle nesting beaches, freshwater 
and saltwater wetlands, primary or secondary 



nursery ar e as, areas and essential fish habitat as 
designated by the appropriate fisheries 
management agency, submerged aquatic 
vegetation beds, shellfish beds, anadromous 
fish spawning and nursery areas, and colonial 
bird nesting colonies; 

(B) major tracts of maritime forest and other 
important natural areas as identified by the 
North Carolina Natural Heritage Program: 

(C) crossings of streams, rivers, and lakes except 
for existing readily-accessible corridors; 

(D) anchorage areas and congested port areas; 

(E) artificial reefs, shipwrecks, and submerged 
archaeological resources; 

(F) dump sites; 

(G ) areas of large dunes or well-developed frontal 
dune systems; 

(H) heavily developed and heavily used recreation 
areas. 

-(-1-H Wh e r e th e ar e a s li s t e d in Subparagraph (f)( 10) of this 

Rul e cannot b e avoid e d, and th e siting of th e e n e rgy 
facility aff e ct s any land or wat e r u se or natural 
r e sourc e of th e coa s tal ar e a, damag e s hall b e mitigat e d 
to th e maximum e xt e nt, f e asibl e and in complianc e 
with any oth e r standard in thi s S e ction and aff e ct e d 
ar e a s s hall b e r e stor e d to th e ir original functions 
pur s uant to a plan of r e clamation, which mu s t b e a 
part of th e con s i s t e ncy d e t e rmination or p e rmit. 
f45)Construction of energy facilities shall occur only 
during periods of lowest biological vulnerability. 
Nesting and spawning periods shall be avoided, 
f+^lf facilities located in the coastal area are 
abandoned, habitat of equal value to or greater than 
that existing prior to construction shall be restored as 
soon as practicable following abandonment. For 
abandoned facilities outside the coastal area, habitat 
in the areas shall be restored to its preconstruction 
state and functions as soon as practicable if the 
abandonment of the structure is reasonably likely to 
affect any land or water use or natural resource of the 
coastal area. 



Authority G.S. II3A-I02(b): IISA-Kr.- II3A-124. 



(12) 



13:16 



NORTH CAROLINA REGISTER 



Fehruarv 15, 1999 



1262 



TEMPORAR Y R ULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Adrtiinistrative Code. Pursuant to G.S. 
I50B-2I. 1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making proceedings 
unless this notice has been previously published by the agency. 



TITLE 21 - OCCUPATIONAL LICENSING (2) 

BOARDS 

CHAPTER 14 - COSMETIC ART EXAMINERS 

Rule-making Agency: N.C. State Board of Cosmetic Art 
Examiners 

Rule Citation: 21 NCAC 14H.0I12. .0118 



Effective Date: January 20. 1999 

Findings Reviewed by Beecher R. Gray: Approved 

Authority for the rule-making: G.S. 88B 

Reason for Proposed Action: These changes are a result of 
the ratification of Senate Bill 916 which affects the Rules 
governing the licensing of Estheticians, Manicurists, and civil 
penahies. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted to Dee Williams. Rule- 
Making Coordinator N.C. State Board of Cosmetic Art 
Examiners. 1201-110 Front St.. Raleigh. NC 27609. 

SUBCHAPTER I4H - SANITATION 



(1) 
(2) 



(3) 
(4) 



(3) 



They shall be disinfected in accordance with the 
manufacturer's instructions that state the solution will 
destroy HIV virus, TB or HBV and is approved by the 
Federal Environmental Protection Agency. When 
selecting a disinfectant, care shall be taken to choose 
one that will not shorten the service life of the comb, 
brush brush, esthetics or manicuring instrument. In 
using a disinfectant, care shall be taken to wear any 
personal protective equipment, such as gloves, 
recommended in the Material Safety Data Sheet 
prepared on the disinfectant by the manufacturer. 
They shall be rinsed with hot tap water and dried 
thoroughly with a clean towel before their next use. 
If they are not used immediately, they shall be stored 
in a clean, closed cabinet until they are needed. 



.0112 CLEANLINESS OF CLINIC AREA: SUPPLIES: 

COMBS AND BRUSHES (1) 

(a) The clinic area shall be kept clean. 

(b) Waste material shall be kept in suitable covered (2) 
receptacles. The area surrounding the waste receptacles shall be (3) 
maintained in a neat and sanitary manner. (4) 

(c) Sanitation rules which apply to towels and cloths are as 
follows: 

Separate and clean towels shall be used for each 

patron. (5) 

After a towel has been used once, it shall be discarded 

and placed in a clean, closed container until properly (6) 

laundered. 

There shall be a supply of clean towels at all times. 

All capes used on patrons shall be kept clean and shall 

not be allowed to come in direct contact with the (7) 

patron's neck. (8) 

(d) At least six combs and brushes shall be provided for each 
cosmetology operator and cosmetology student. 

(e) All combs, brush es brushes, esthetics and manicurist 
instruments shall be cleaned and disinfected after each use in the C^) 
following manner: (10) 

( 1 ) They shall be soaked in a cleaning solution that will 
not leave a residue and, if necessary, scrubbed. 



History Note: Authority G.S. 88B-4; 

Eff February 1. 1976: 

.Amended Eff. June 1, 1994: April 1, 1991: January /, 1989; 

April 1. 1988: 

Temporary Amendment Eff. January 20, 1 999. 

.0118 SYSTEMS OF GRADING BEAUTY 
ESTABLISHMENTS 

(a) The system of grading the sanitary rating of manicurist 
schools and shops based on the rules set out in 21 NCAC 14H 
.0006 to .0017 shall be as follows, setting out areas to be 
inspected and considered, and the maximum points given for 
compliance: 



clean and well-repaired entrance and reception 

room 

general condition of the entire establishment 

water system; hot and cold running water 

walls, ceiling and floors: 

(A) construction and coverings 

(B) clean 

(C) good repair 



4; 
4; 

3; 



lighting and fresh continuous ventilation (windows 
included); their adequacy and cleanliness 7; 

public toilet: 

(A) clean and well ventilated 

(B) soap and individual towels furnished 

(C) hot and cold running water 
appearance of operators and sU'dents 
linens: 

(A) supply of clean towels 

(B) soiled towels properly itorod in 
containers 

waste in closed containers and clean area 
equipment cleanliness: 

(A) disinfectants selected from those approved 
by the Federal Environmental Protection 



5 
5 
2 

4 

2; 
losed 

2; 

4; 



1263 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



13:16 



TEMPORAR Y R ULES 



Agency. 6; 

(B) disinfectants used properly 5; 

(C) all implements cleaned, disinfected, and 
properly stored 12; 

(D) booths clean 8; 

(11) working area: 

(A) lavatories clean 4; 

(B) jars and containers closed, clean and 
disinfected 2; 

(C) no unnecessar) articles in work area 2; 

(12) antiseptics and first aid supplies on hand 1; 

(13) cosmetics: 

(A) clean and sanitary conditions 2; 

(B) storage area for supplies clean and in order 3; 

(14) no animals or birds kept in establishment I . 
(b) The system of grading the sanitar>' rating of all other 

beauty establishments, based on the rules set out in 21 NCAC 
14H .0006 to .0017 shall be as follows, sening out areas to be 
inspected and considered, and the maximum points given for 
compliance: 

( 1 ) clean and well-repaired entrance and 

reception room 2; 

(2) general condition of the entire establishment 8; 

(3) water system; hot and cold running water 2; 

(4) walls, ceiling and floors: 

(A) construction and covering 4; 

(B) clean 4; 

(C) good repair 3; 

(5) lighting and ventilation (windows included); their 
adequacy and cleanliness 3; 

(6) public toilet: 

(A) clean and well ventilated 5 

(B) soap and individual towels furnished 5 

(C) hot and cold running water 2 

(7) appearanceof operators or student 4; 

(8) linens: 

(A) supply of clean towels 2; 

(B) soiled towels properly stored in closed 
containers 3, 

(C) clean capes 1; 

(9) waste in closed containers and clean area 4; 

(10) equipment cleanliness: 

(A) disinfectants selected from those approved by 
the Federal Environmental Protection 
Agency 6 

(B) disinfectants used properly 5 

(C) all implements cleaned, disinfected, and 
properly stored 1 1 

(11) working area: 

(A) booths clean 4 

(B) lavatories clean 4 

(C) jars and containers clean and disinfected 2 

(D) no unnecessarv' articles in work area 2 

(12) dryers clean and in repair 3 

(13) styling and shampooing chairs clean and sanitary 4 

(14) antiseptics and first aid supplies on hand 1 

(15) cosmetics: 

(A) clean and sanitary condition 2 



(B) storage area for supplies clean and in order 3; 
(16) no domestice animals or birds dept in 

establishment 1. 

(c) The system of grading the sanitary rating of all esthetician 
schools and shops, based on the rules set out in 21 NCAC 14H 
.0106 to .0117 shall be as follows, setting out areas to be 
inspected and considered, and the maximum points given for 
compliance: 

(1) clean and well-repaired entrance and reception 
room 



t2i 
t4J 



L6j 



12} 
18) 



19J 
tiOj 



LUJ 



(12) 
liU 



(14) 



3i 

general condition of the entire establishment 8; 

water system: hot and cold running water 3^ 

walls, ceiling and floors: 

(A) construction and covering 4; 

(B) clean 4; 

(C) good repair 3; 
lighting and ventilation (windows included); their 
adequacN and cleanliness 3; 
public toilet: 

(A) clean and well ventilated 

(B) soa p and individual towels furnished 

(C) hot and cold running water 
appearance of operators or student 
linens: 

(A) supply of clean towels 

(B) soiled towels properly stored m 
container 

waste in closed containers and clean area 



5l 
5; 
3, 
4; 

3; 

closed 

3, 

4; 



equipment cleanliness: 

(A) disinfectants selected from those approved by 
the Federal Environmental Protection 
Agency 6; 

(B) disinfectants used properly 6^ 

(C) all implements cleaned, disinfected, and 
properly stored 11: 

working area: 

(A) booths clean 

(B) lavatories clean 

(C) jars and containers clean and disinfected 

(D) no unnecessary articles in work area 



antiseptics and first aid supplies on hand 
cosmetics; 

(A) clean and sanitary condition 

(B) storage area for supplies clean and in 
order 

no domestic animals or birds kept in 
establishment 



4; 

4i 
3; 
3; 
1; 



1. 



Histoty Note: A uthohty G. S. 88-2: 88-4. : 

Eff. February 1. 19^6: 

Amended Eff. Angus! I. 1998: June I. 1994: April I, 1991: 

January 1. 1989: 

Temporary Amendment Eff. JanuaiT 20. 1999 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1264 



APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting of 
November 19. 1998 pursuant to G.S. 150B-2I. 1 7(a)(1) and reported to the Joint Legislative Administrative Procedure Ch'ersight 
Committee pursuant to G.S. 150B-21. 16. The full text of rules are published below when the rules ha\'e been approved by RRC 
in a form different f-om that originally noticed in the Register or when no notice M'as required to be published in the Register 
The rules published in full text are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-21. 1 7. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1999 Session of the General Assembly 
or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically disapproves 
the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the hill receives an 
unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 1508-21.3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



10 


NCAC 


03U 


.0102* 




10 


NCAC 


03U 


.1602* 




10 


NCAC 


03U 


.1606* 




10 


NCAC 


03 U 


.1612 




10 


NCAC 


03U 


.1701 




10 


NCAC 


03U 


.2801 - 


.2804* 


10 


NCAC 


03U 


.2807 - 


.2809* 


10 


NCAC 


20C 


.0125* 




10 


NCAC 


42C 


.2301* 




10 


NCAC 


49 B 


.0608* 




11 


NCAC 


12 


.1003* 




11 


NCAC 


12 


.1025* 




11 


NCAC 


12 


.1026 




11 


NCAC 


12 


.1212* 




12 


NCAC 


09B 


.0603* 


Amend 


12 


NCAC 


11 


.0204* 




12 


NCAC 


11 


.0210 




15A 


NCAC 


OIN 


.0101 - 


.0102 


15A 


NCAC 


OIN 


.0103* 




15A 


NCAC 


OIN 


.0201 




15A 


NCAC 


OIN 


.0202 - 


.0203* 


15A 


NCAC 


OIN 


.0301 - 


.0304 


15A 


NCAC 


OIN 


.0401* 




15A 


NCAC 


OIN 


.0402 




15A 


NCAC 


OIN 


.0501 - 


.0503* 


15A 


NCAC 


OIN 


.0601 - 


.0603* 


15A 


NCAC 


OIN 


.0605* 




15A 


NCAC 


OIN 


.0606 




15A 


NCAC 


OIN 


.0702 




15A 


NCAC 


OIN 


.0704* 




15A 


NCAC 


OIN 


.0705 




15A 


NCAC 


OIN 


.0801 - 


.0802* 


15A 


NCAC 


OIN 


.0901 




13A 


NCAC 


OIN 


.0902* 




15A 


NCAC 


02B 


.0308 




15A 


NCAC 


02 B 


.0309 




15A 


NCAC 


02 B 


.0311 




ISA 


NCAC 


02 B 


.0313 




15A 


NCAC 


02 D 


.0405* 




ISA 


NCAC 


02D 


.0409 - 


.0410 


ISA 


NCAC 


02D 


.0501* 




ISA 


NCAC 


02D 


.0503 





1998 



13:06 NCR 539 

13:06 NCR 541 

13:06 NCR 541 

13:06 NCR 541 

13:06 NCR 542 

13:06 NCR 542 

13:06 NCR 545 

13:06 NCR 547 

13:05 NCR 486 

13:06 NCR 549 

13:05 NCR 489 

13:05 NCR 489 

13:05 NCR 489 

13:05 NCR 489 

not required. G.S. 1508-21.5(4) 

12:20 NCR 1823 

12:20 NCR 1823 

13:04 NCR 362 

13:04 NCR 362 

13:04 NCR 362 

13:04 NCR 362 

13:04 NCR 363 

13:04 NCR 364 

13:04 NCR 364 

13:04 NCR 364 

13:04 NCR 364 

13:04 NCR 366 

13:04 NCR 366 

13:04 NCR 367 

13:04 NCR 367 

13:04 NCR 367 

13:04 NCR 367 

13:04 NCR 367 

13:04 NCR 367 

12:19 NCR 176'): P:2! NCR 1879; 

12:23 NCR 209 1 

12:19NCR 1771 

12:20 NCR 182^ 

12:20 NCR 1825 

13:03 NCR 270 

13:03 NCR 272 

12:22 NCR 1983 

13:03 NCR 272 



1265 



NORTH CAROLINA REGISTER 



February' 15, 1999 



13:16 



APPROVED RULES 



15A 


NCAC 


02D 


.0S04* 




15A 


NCAC 


02D 


.0601 - 


.0602 


15A 


NCAC 


02D 


.0604 - 


.0606^ 


15A 


NCAC 


02D 


.0607 




15A 


NCAC 


02 D 


.0608* 




15A 


NCAC 


02D 


.0610- 


.0614'< 


15A 


NCAC 


02D 


.0615 




15A 


NCAC 


02 D 


.0903 




15A 


NCAC 


02D 


.1105* 




15A 


NCAC 


02D 


.1201 




15A 


NCAC 


02D 


.1202- 


.1206^ 


15A 


NCAC 


02D 


.1209* 




15A 


NCAC 


02D 


.1404* 




15A 


NCAC 


02 D 


.1501 - 


.1504 


15A 


NCAC 


02D 


.1601 




15A 


NCAC 


02D 


.2001* 




15A 


NCAC 


02D 


.2002 




15A 


NCAC 


02 D 


.2003* 




ISA 


NCAC 


02D 


.2004 




15A 


NCAC 


02 D 


.2005* 




15A 


NCAC 


02Q 


.0102* 




15A 


NCAC 


02Q 


.0103 




15A 


NCAC 


02Q 


.0107 




15A 


NCAC 


02Q 


.0304 




15A 


NCAC 


02Q 


.0306 




15A 


NCAC 


02Q 


.0309 




15A 


NCAC 


02O 


.0314- 


.0315 


15A 


NCAC 


02Q 


.0401 - 


.0402 


15A 


NCAC 


02Q 


.05 1 1 




I5A 


NCAC 


02Q 


.0801* 




15A 


NCAC 


02Q 


.0803* 




15A 


NCAc 


02O 


.0808 




15A 


NCAC 


031 


.0101* 




15A 


NCAC 


03J 


.0107* 




15A 


NCAC 


03J 


.0109 




15A 


NCAC 


03M 


.0503* 




15A 


NCAC 


03M 


.0507* 




15A 


NCAC 


03O 


.0303 




15A 


NCAC 


03O 


.0306 




15A 


NCAC 


03P 


.0103 




ISA 


NCAC 


03 P 


.0201 




ISA 


NCAC 


03P 


.0203* 




15A 


NCAC 


03P 


.0301 - 


.0304 


ISA 


NCAC 


06E 


.0105* 




ISA 


NCAC 


08A 


.0101 




ISA 


NCAC 


08A 


.0202 




ISA 


NCAC 


08A 


.0301 - 


.0303 


ISA 


NCAC 


08B 


.0101 - 


.0106 


ISA 


NCAC 


08B 


.0108- 


.0109 


ISA 


NCAC 


08B 


.0201 - 


.0205 


ISA 


NCAC 


088 


.0207 - 


.0214 


ISA 


NCAC 


088 


.0301 - 


.0304 


ISA 


NCAC 


088 


.0402 




ISA 


NCAC 


088 


.0404 - 


.0406 


]SA 


NCAC 


088 


.0502 




ISA 


NCAC 


08B 


.0506 




ISA 


NCAC 


08C 


.0102 




ISA 


NCAC 


08C 


.0104- 


.0108 



13:03 NCR 273 
12:22 NCR 1987 
12:22 NCR 1988 
12:22 NCR 1992 
12:22 NCR 1992 
12:22 NCR 1993 
12:22 NCR 1997 
12:22 NCR 1997 
12:22 NCR 1998 
13:03 NCR 274 
13:03 NCR 274 
13:03 NCR 284 
12:22 NCR 2000 
13:03 NCR 286 
13:03 NCR 287 
13:03 NCR 287 
13:03 NCR 288 
13:03 NCR 288 
13:03 NCR 289 
13:03 NCR 289 
13:03 NCR 289 
13:03 NCR 294 
13:03 NCR 295 
13:03 NCR 296 
13:03 NCR 297 
13:03 NCR 297 
13:03 NCR 298 
13:03 NCR 298 
13:03 NCR 300 
13:03 NCR 300 
13:03 NCR 300 
13:03 NCR 302 
13:03 NCR 303 
13:03 NCR 306 
13:03 NCR 307 
13:03 NCR 308 
13:03 NCR 309 
13:03 NCR310 
13:03 NCR 310 
13:03 NCR 311 
13:03 NCR311 
13:03 NCR 312 
13:03 NCR 312 
13:01 NCR 25 
13:02 NCR 204 
13:02 NCR 205 
13:02 NCR 207 
13:02 NCR 207 
13:02 NCR 208 
13:02 NCR 208 
13:02 NCR 210 
13:02 NCR213 
13:02 NCR214 
1 3:02 NCR 214 
13:02 NCR 215 
13:02 NCR 215 
13:02 NCR 215 
13:02 NCR218 



13:16 



NORTH CAROLINA REGISTER 



Februan- 15, 1999 



1266 



APPROVED RULES 



15A 


NCAC 


08D 


,0102 




15A 


NCAC 


08D 


.0104- 


.0106 


15A 


NCAC 


08G 


.0101 - 


.0102* 


15A 


NCAC 


08G 


.0201 - 


.0202* 


I5A 


NCAC 


08G 


.0203 




15A 


NCAC 


08G 


.0204 - 


.0205* 


15A 


NCAC 


08G 


.0301 - 


.0303* 


15A 


NCAC 


08G 


.0304 - 


.0305 


15A 


NCAC 


08G 


.0306 - 


.0308* 


15A 


NCAC 


08G 


.0408* 




I5A 


NCAC 


08G 


.OSOl* 




I5A 


NCAC 


08G 


.0S02 




15A 


NCAC 


08G 


.0S03* 




15A 


NCAC 


08G 


.0504 




ISA 


NCAC 


08G 


.0601 - 


.0604* 


I5A 


NCAC 


08G 


.0701* 




15A 


NCAC 


08G 


.0801 




15A 


NCAC 


08G 


.0803 - 


.0804 


ISA 


NCAC 


08G 


.0901* 




ISA 


NCAC 


08G 


.1002 




ISA 


NCAC 


08G 


.1101 




ISA 


NCAC 


lOF 


.0301* 




ISA 


NCAC 




.0104 




ISA 


NCAC 




.0111 




ISA 


NCAC 




.0117 




I5A 


NCAC 




.0305 




ISA 


NCAC 




.0317 




ISA 


NCAC 




.0318* 




15A 


NCAC 




.0321 




ISA 


NCAC 




.0323 




ISA 


NCAC 




.0339 




15A 


NCAC 




.0353 




I5A 


NCAC 




.0359* 




ISA 


NCAC 




.0360 




15A 


NCAC 




.0361* 




ISA 


NCAC 




.0362 




ISA 


NCAC 




.0502 - 


.0503 


I5A 


NCAC 




.0506 - 


.0509 


15 A 


NCAC 




.0510* 




ISA 


NCAC 




.0511 - 


.05 1 3 


ISA 


NCAC 




.0515- 


.05 1 7 


15A 


NCAC 




.0520 - 


.0525 


ISA 


NCAC 




.0702 - 


.0703 


ISA 


NCAC 




.1003 




ISA 


NCAC 




.1633 




15A 


NCAC 




.1635* 




15A 


NCAC 




.1647 




ISA 


NCAC 




.1653 




ISA 


NCAC 


13B 


.1624* 




ISA 


NCAC 


16A 


.0101* 


Repealed 


ISA 


NCAC 


18A 


-}s,i~>* 




ISA 


NCAC 


18A 


.2537* 




ISA 


NCAC 


18A 


.2808* 




ISA 


NCAC 


18A 


.2827* 




ISA 


NCAC 


18A 


.2833* 




ISA 


NCAC 


19C 


.0206 




19A 


NCAC 


02 D 


.0406 




21 


NCAC 


18B 


.0108 





13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
12:24 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
13:04 NCR 
12:24 NCR 
13:02 NCR 
13:01 NCR 
13:01 NCR 
13:02 NCR 
13:02 NCR 
13:02 NCR 
13:05 NCR 
13:05 NCR 
13:05 NCR 



222 

222 

223 

224 

224 

224 

225 

226 

226 

229 

229 

229 

230 

230 

230 

232 

232 

233 

233 

234 

234 

2224 

377 

387 

387 

388 

390 

390 

392 

394 

395 

397 

398 

399 

400 

400 

400 

402 

403 

404 

405 

406 

410 

414 

415 

416 

416 

417 

2212 

235 

36 

40 

237 

242 

243 

496 

501 

502 



1267 



NORTH CAROLINA REGISTER 



Februan- 15, 1999 



13:16 



APPROVED RULES 



21 


NCAC 


18B 


0201 




21 


NCAC 


18B 


0202* 




21 


NCAC 


18B 


0203 




21 


NCAC 


18B 


0402 




21 


NCAC 


18B 


0406* 




21 


NCAC 


18B 


0501* 




21 


NCAC 


18B 


0504 - 


.0505* 


21 


NCAC 


18B 


0701 - 


.0704 


21 


NCAC 


18B 


0706 




21 


NCAC 


18B 


1001 - 


.1004 


21 


NCAC 


18B 


1101 - 


.1102 


21 


NCAC 


18B 


1104 




21 


NCAC 


18B 


1105* 




21 


NCAC 


46 


1601* 




21 


NCAC 


46 


1703* 




21 


NCAC 


46 


1706* 




21 


NCAC 


46 


1809* 




21 


NCAC 


46 


2304* 




21 


NCAC 


46 


2604 




21 


NCAC 


57 A 


0101 - 


.0102 


21 


NCAC 


57A 


0201 - 


.0208 


21 


NCAC 


57 A 


0210 




21 


NCAC 


57A 


0301 - 


.0304 


21 


NCAC 


57A 


0306 




21 


NCAC 


57A 


0401 - 


.0406 


21 


NCAC 


57A 


0407 




21 


NCAC 


57 A 


0501 





13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:04 
13:04 
13:04 
13:04 
13:04 
13:04 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 
13:05 



NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR 502 
NCR419 
NCR 421 
NCR 421 
NCR 421 
NCR 422 
NCR 423 
NCR514 
NCR 514 
NCR 517 
NCR 517 
NCR 518 
NCR 518 
NCR 520 
NCR 520 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3U - CHILD DAY CARE STANDARDS 

SECTION .0100 - PURPOSE AND DEFINITIONS 

.0102 DEFINITIONS 

The terms and phrases used in this Subchapter shall be defined 
as follows except when the content of the rule clearly requires a 
different meaning. The definitions prescribed in G.S. 110-86 
also appK to these Rules. 

(1) "Agency" means Division of Child Development. 
Department of Health and Human Services located at 
319 Chapanoke Road. Suite 120, Raleigh. North 
Carolina 27603. 

(2) "Appellant" means the person or persons who request 
a contested case hearing. 

(3) "A" license means the license issued to child care 
operators who meet the minimum requirements for the 
legal operation of a child care facility pursuant to G.S. 
1 10-91 and applicable rules in this Subchapter 

(4) "AA" license means the license issued to child care 
operators who meet the higher voluntary standards 
promulgated by the Child Care Commission as 
codified in Section .1600 of this Subchapter 



(5) "Child Care Program" means a single center or home, 
or a group of centers or homes or both, which are 
operated by one owner or supervised by a common 
entity. 

(6) "Child care provider" as defined by G.S. 1 10-90.2 and 
used in Section .2700 of this Subchapter, includes but 
is not limited to the following employees: facility 
directors, administrative staff, teachers, teachers' 
aides, cooks, maintenance personnel and drivers. 

(7) "Child Development Associate Credential" means the 
national early childhood credential administered by 
the Council for Early Childhood Professional 
Recognition. 

(8) "Department" means the Department of Health and 
Human Services. 

(9) "Developmentally appropriate" means suitable to the 
chronological age range and developmental 
characteristics of a specific group of children. 

( 10) "Division" means the Division of Child Development 
within the Department of Health and Human Services. 

(11) "Drop-in care" means a child care arrangement where 
children attend on an intermittent, unscheduled basis. 

(12) "Early Childhood Environment Rating Scale - 
Revised edition" (Harms. Cryer. and Clifford. 1998, 
published by Teachers College Press. New York. NY) 
is the instrument used to evaluate the quality of care 
received by a group of children in a child care center. 
when the majority of children in the group are two 



13:16 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



1268 



APPROVED RULES 



and a half years old through five years old, to achieve 
three through five points for the program standards of 
a rated license. This instrument is incorporated by 
reference and includes subsequent editions. 
Individuals wishing to purchase a copy for ten dollars 
and ninety five cents ($10.95) may call Teachers 
College Press at 1-800-575-6566. A copy of this 
instrument is on file at the Division at the address 
given in Item ( 1 ) of this Rule and will be available for 
public inspection during regular business hours. 

(13) "Family Day Care Rating Scale" {Harms and Clifford, 
1989, published by Teachers College Press. New 
York, NY) is the instrument used to evaluate the 
quality of care received by children in family child 
care homes to achieve three through five points for 
the program standards of a rated license. This 
instrument is incorporated by reference and includes 
subsequent editions. Individuals wishing to purchase 
a copy for eight dollars and ninety five cents ($8.95) 
may call Teachers College Press at 1-800-575-6566. 
A copy of this instrument is on file at the Division at 
the address given in Item (1) of this Rule and will be 
available for public inspection during regular business 
hours. 

(14) "Group" means the children assigned to a specific 
caregiver, or caregivers, to meet the staff/child ratios 
set forth in G.S. 11 0-91 (7) and this Subchapter, using 
space which is identifiable for each group. 

(15) "Infant/Toddler Environment Rating Scale" is the 
instrument used to evaluate the quality of care 
received by a group of children in a child care center, 
when the majority of children in the group are 
younger than thirty months old, to achieve three 
through five points for the program standards of a 
rated license. This instrument is incorporated by 
reference and includes subsequent editions. 
Individuals wishing to purchase a copy for eight 
dollars and ninety five cents ($8.95) may call 
Teachers College Press at 1-800-575-6566. A copy of 
this instrument is on file at the Division at the address 
given in Item ( 1 ) of this Rule and will be available for 
public inspection during regular business hours. 

( 1 6) "Licensee" means the person or entity that is granted 
permission by the State of North Carolina to operate 
a child care facility. 

(17) "North Carolina Early Childhood Credential" means 
the state early childhood credential that is based on 
completion of coursework and standards found in the 
North Carolina Early Childhood Instructor Manual 
published jointly under the authority of the 
Department and the Department of Community 
Colleges. These standards are incorporated by 
reference and include subsequent amendments. A 
copy of the North Carolina Early Childhood 
Credential requirements is on file at the Division at 
the address given in Item (1) of this Rule and will be 
available for public inspection during regular business 
hours. 



(18) 



(19) 



(20) 
(21) 



(22) 



(23) 



(24) 

(25) 
(26) 



(27) 



(28) 



"Operator" means the person or entity held legally 
responsible for the child care business. The terms 
"operator", "sponsor" or "licensee" may be used 
interchangeably. 

"Part-time care" means a child care arrangement 
where children attend on a regular schedule but less 
than a full-time basis. 
"Passageway" means a hall or corridor. 
"Preschooler" or "preschool-aged child" means any 
child who does not fit the definition of school-aged 
child in this Rule. 

"School-Age Care Environment Rating Scale" 
(Harms, Jacobs, and White, 1996, published by 
Teachers College Press) is the instrument used to 
evaluate the quality of care received by a group of 
children in a child care center, when the majority of 
the children in the group are older than five years, to 
achieve three through fivepoints for the program 
standards of a rated license. This instrument is 
incorporated by reference and includes subsequent 
editions. Individuals wishing to purchase a copy for 
eight dollars and ninety five cents ($8.95) may call 
Teachers College Press at 1-800-575-6566. A copy of 
this instrument is on file at the Division at the address 
given in Item ( 1 ) of this Rule and will be available for 
public inspection during regular business hours. 
"School-aged child" means any child who is at least 
five years old on or before October 16 of the current 
school year and who is attending, or has attended, a 
public or private grade school oi kinderg.irten; or any 
child who is not at least five years old on or before 
October 16 of that school year, but has been attending 
school during that school year in another state in 
accordance with the laws or rules of that state before 
moving to and becoming a resident of North Carolina; 
or any child who is at least five years old on or before 
April 16 of the current school year, is determined by 
the principal of the school to be gifted and mature 
enough to justify admission to the school, and is 
enrolled no later than the end of the first month of the 
school year 

"Seasonal Program" means a recreational program as 
setforthinG. S. 110-86(2)(b). 
"Section" means Division of Child Development. 
"Substitute" means any person who temporaril> 
assumes the duties of a regular staff person for a time 
period not to exceed two consecutive months. 
"Temporary care" means any child care arrangement 
which provides either drop-in care or care on a 
seasonal or other part-time basi^ and is required to be 
regulated pursuant to G.S. 1 10-86. 
"Volunteer" means a person v\inj works in a child care 
facility and is not monetaril\ compensated by the 
facility. 



History Note: Authority G.S. 110-8H: I43B-168.3: 

EJf January 1 . 1986: 

Amended iff. April 1. 1992: October 1. 1991: October 1. 1990: 



1269 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



November 1. 1989: 

Temporal-}' Amendment Eff. January 1. 1996: 

Amended Eff. April 1. 1999: July /,' 1998: April 1. 1997. 

SECTION .1600 - AA REQUIREMENTS 

.1602 OPERATIONAL AND PERSONNEL POLICIES 

(a) Each center shall have written policies which describe the 
operation of the center and the services which are available to 
parents and their children. The operational policies shall include 
at least the following information: 

( I ) the days and hours the center operates; 
age range of children served; 
admission requirements and enrollment procedures; 
parent fees and payment plan; 
information about services provided by the center, i.e. 
number of meals served, before/after school care, 
transportation; 

items, if any, to be provided by parents; 
a schedule of daily, weekly, and monthly cleaning 
duties; 

written procedures for reporting suspected child abuse 
and neglect; 

the center's discipline policy for behavior 
management; 

a description of opportunities for parent participation; 
and 
nutrition policies. 

(b) Operational policies shall be discussed with parents at the 
time they inquire about enrolling their child in the center. A 
copy of the policies shall be given to the parents when their child 
is enrolled and they shall be notified in writing of all changes. 

(c) Copies of operational policies and any subsequent changes 
to those policies shall be distributed to the staff 

(d) Each center in which more than two staff are required to 
meet the voluntary enhanced standards for staff/child ratios shall 



(2) 
(3) 
(4) 
(5) 



(6) 

(7) 

(8) 

(9) 

(10) 

(11) 



have written personnel policy which includes at least the 
following information: 

( 1 ) job descriptions for each position; 

(2) minimum qualifications for each position including 
reference checks; 

(3) health and medical requirements; 

(4) requirements and provisions for inservice training; 

(5) provisions for leave time and other absence; 

(6) procedures for on-going supervision and regular 
evaluation of work performance; and 

(7) resignation and termination procedures. 

(e) Personnel policies shall be discussed with each employee 
at the time of employment and a copy of the policies shall be 
available to all staff. Staff shall be notified in writing of any 
changes in personnel policies. 

(0 In addition to all records required in Rule .0302(d) of this 
Subchapter, each employee's personnel file shall contain an 
annual staff evaluation and staff development plan. 

(g) All personnel files of employees hired after Apirl 1, 1999 
shall also contain: 

(1) a signed and dated statement verifying that the 
employee received a copy of his/her job description(s) 
and has reviewed the personnel and operational 
policies; and 

(2) documentation that information concerning the 
voluntary enhanced standards was included during the 
employee's orientation. 

History Note: Authority G.S. 110-88(7): 143B-168.3: 

Eff. January 1. 1986: 

.Amended Eff. .April L 1999: July I 1 998. 

.1606 STAFF/CHILD RATIOS 

(a) The center shall comply with the staff-child ratios and 
ma.ximum group sizes set in this Rule. 









MAXIMUM 




AGE 


STAFF 


NO. OF CHILDREN 


GROUP SIZE 


STAFF 


Birth to 12 Months 




5 


10 


2 


1 to 2 Years 




6 


12 


2 


2 to 3 Years 




9 


18 


2 


3 to 4 Years 




10 


20 


2 


4 to 5 Years 




13 


25 


2 


5 to 6 Years 




15 


25 


2 


6 Years and Older 




20 


25 


2 



(b) All provisions, excluding staff/child ratios and group sizes of Rules .0712 and .0713 of this Subchapter, shall apply. 

HistoiyNoie: Authority G.S. 110-88C'): N3B-16S.3: 
Eff. January 1. 1986: 
Amended Eff April L 1999: August 1. 1990: July 1. 1988. 

SECTION .2800 - VOLUNTARY RATED LICENSES that apply to be assessed for a voluntary rated license of two 

stars or higher. 
.2801 SCOPE (b) A child care facility is eligible for a voluntary rated 

(a) This Section shall apply to all child care facilities that license of two through five stars. 
have achieved a voluntary rated license of two stars or higher or (c) No requirement in an\ component of a two-star or higher 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1270 



APPROVED RULES 



rating shall be less than the requirements for a one-star rating 
described in G.S. 110-91 and this Subchapter Prior to issuance 
of an initial two- through five-star rating, all minimum 
requirements in G.S. 110-91 and this Subchapter must be in 
compliance at the time the program is assessed. The 
requirements for a voluntary rated license of two stars or higher 
are in addition to the minimum standards found in G.S. 110-91 
and this Subchapter. 

(d) An "A" or "AA" license remains valid until action is taken 
to change to a license with a star rating. 

(e) Nothing in this Section is to preclude or interfere with 
issuance of an administrative action as allowed by G.S. 110 and 
this Subchapter. 

History Note: Author it}- G.S. 110-88(7): 110-90(4): 14 3 B- 

168.3: 

Eff. April I 1999. 

.2802 APPLICATION FOR A VOLUNTARY 
RATED LICENSE 

(a) After a licensed child care center or home has been in 
operation for a minimum of six consecutive months, the 
procedures in this Rule shall apply to request an initial two- 
through five-star rated license or to request that a rating be 
changed to a two- through five-star rated license. 

(b) The operator shall submit a completed application to the 
Division for a voluntary rated license on the form provided by 
the Division. 

(c) An operator may apply for a star rating based on the total 
number of points achieved for each component of the voluntary 
rated license (program standards, education standards, and 
compliance history). In order to achieve a two- through five-star 
rating, the minimum score achieved must be a least five points 
as follows: 

TOTAL NUMBER OF POINTS RATING 

5 through 7 Two Stars 

8 through 1 Three Stars 

1 1 through 1 3 Four Stars 

1 4 through 15 Five Stars 

(d) A Division representative shall assess the facility 
requesting a voluntary rated license to determine if all applicable 
requirements have been met to achieve the score for the 
requested star rating. The assessment may include a review of 
Division records and site visits. 

(e) The Division shall provide for Infant/Toddler 
Environment Rating Scale. Early Childhood Environment Rating 
Scale - Revised edition, School-Age Care Environment Rating 
Scale, or Family Day Care Rating Scale assessments to be 
completed, as appropriate for the program, free of charge to 
operators requesting an initial three through five points for 
program standards. 

(f) The Division shall assess the compliance history of a 
facility by evaluating the violations of requirements that have 
occurred over the previous three years or during the length of 
time since the facility began operating, whichever is less. 

(g) Upon completion of the Division's assessment: 

(1) If the assessment indicates all the applicable 



requirements to achieve the score for the requested 
rating have been met, the Division shall issue the 
rating. 
(2) If the assessment indicates all the applicable 
requirements to achieve the score for the requested 
rating are not met, the Division shall notify the 
operator of the requirements that were not met and the 
requested voluntary rating shall not be issued. If the 
operator meets the requirements to achieve the score 
for a higheror lower voluntary rating than what was 
requested, the Division may issue the voluntary rating 
for which the operator is eligible. 
(h) When the Division does not issue the rating requested by 
the operator, the operator may: 

( 1 ) Accept the rating for which the Division has found the 
operator to be eligible; 

(2) Withdraw the request and reapply when the identified 
requirements to achieve the score for the requested 
rating have been met; or 

(3) Appeal the denial of the requested rating as provided 
in G.S. 150B-23. 

Hislon-Note: Authority G.S. 110-88(7): 110-90(4): 143B- 

168.3: 

Eff. April 1. 1999. 

.2803 PROGRAM STANDARDS RATED LICENSE 
FOR CHILD CARE CENTERS 

(a) To achieve two points for program standards for a star 
rating, the center shall meet all requirements for voluntary 
enhanced program standards in Section .1600 of this Subchapter, 
except that either the space requirements in Rule .1604 of this 
Subchapter or the staff/child ratio requirements in Rule .1606 of 
this Subchapter shall be met. 

(b) To achieve three points for program standards for a star 
rating, the center shall: 

(1) Meet all requirements for voluntary enhanced 
program standards in Section .1600 of this 
Subchapter; and 

(2) Have an average score of 4.0 on the appropriate 
environment rating scale referenced in Rule .2802(3) 
in each classroom evaluated. 

(c) To achieve four points for program standards for a star 
rating, the center shall: 

( 1 ) Meet all the requirements for voluntary enhanced 
program standards in Section .1600 of this 
Subchapter; and 

(2) Have an average score of 4.5 on the appropriate 
environment rating scale referenced in Rule 2802(e) 
in each classroom evaluated. 

(d) To achieve five points for program standards for a star 
rating, the center shall: 

(1) Meet all the requirements for voluntary enhancei! 
program standards in Section .1600 of this 
Subchapter, except for staff child lutio requirements 
in Rule. 1 606; and 

(2) Meet the staff/child ratios and group sizes set below: 



1271 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



Age of Children No. Children No. Staff 

to 12 months 4 

1 to 2 years 5 

2 to 3 \ ears 8 

3 to 4 years 9 

4 to 5 years 12 

5 to 6 years 14 

6 and older 19 1 
(3) Have an average score of 5.0 on the appropriate environment rating scale referenced in Rule .2802(e) in each classroom 

evaluated, 
(e) For centers with a licensed capacity of three to twelve children located in a residence, a Family Day Care Rating Scale shall 
be the rating scale used in (b)(2). (c)(2). and (d)(3) of this Rule. 



Maximum 




Group Size 


No. Staff 


8 


2 


10 


2 


16 


2 


18 


2 


24 


2 


25 


2 


25 


2; and 



HistonNote: Authority G.S. 110-88(7); 110-90(4): N3B-168.3: 
EjS: April L 1999. 



.2804 EDUCATION STANDARDS FOR A RATED 
LICENSE FOR CHILD CARE CENTERS 

(a) To achieve two points for education standards for a star 
rating, child caring staff in the center shall meet the following 
requirements: 

( 1 ) The on-site administrator shall have: 

(A) A Level 1 North Carolina Early Childhood 
Administration Credential or its equivalent: 
and 

(B) Two years of full-time verifiable early 
childhood work experience. 

(2) For centers with a licensed capacity of 200 or more, 
there shall be a second administrator on-site for a 
minimum of 20 hours per week who shall have the 
Level 1 North Carolina Early Childhood 
Administration Credential or its equivalent. 

(3 ) All lead teachers shall have the North Carolina Early 
Childhood Credential or its equivalent, and 75° o of 
the lead teachers shall have: 

(A) Completed or be enrolled in 3 semester hours 
in early childhood education or child 
development (not including North Carolina 
Early Childhood Credential coursework); or 

(B) One year of full-time verifiable early childhood 
work experience. 

(4) 50° of the teachers counted in staff'child ratios shall 
have: 

(A) Completed or be enrolled in two semester 
hours in early childhood education or child 
development; or 

(B) One year of full-time verifiable earh childhood 
work experience. 

(b) To achieve three points for education standards for a star 
rating, child caring staff in the center shall meet the following 
requirements. 

( 1 ) The on-site administrator shall have: 

(A) A Level I North Carolina Early Childhood 
Administration Credential or its equivalent; 
and 

(B) Six semester hours in early childhood 
education or child development (not including 



North Carolina Early Childhood 
Administration Credential coursework); and 
(C) Two years of full-time verifiable early 
childhood work experience. 

(2) For centers with a licensed capacity of 200 or more, 
there shall be a second administrator on-site for a 
minimum of 20 hours per week who shall have the 
Level I North Carolina Early Childhood 
Administration Credential or its equivalent. 

(3) All lead teachers shall have the North Carolina Early 
Childhood Credential or its equivalent, and 15% of 
the lead teachers shall have: 

(A) Three semester hours in early childhood 
education or child development (not including 
North Carolina Early Childhood Credential 
coursework); or 

(B) Two years of full-time verifiable early 
childhood work experience. 

(4) 50% of the teachers counted in staff/child ratios shall 
have: 

(A) Completed or be enrolled in the North Carolina 
Earl> Childhood Credential or its equi\ alent; or 

(B) Completed or be enrolled in four semester 
hours in early childhood education or child 
development; or 

(C) Three years of full-time veritlable earl\ 
childhood work experience. 

(c) To achieve four points for education standards for a star 
rating, child caring staff in the center shall meet the following 
requirements: 

( 1 ) The on-site administrator shall have: 

(A) A Level II North Carolina Early Childhood 
Administration Credential or its equivalent; 
and 

(B) Two years of full-time verifiable earU 
childhood work experience. 

For centers with a licensed capacity of 200 or more, 
there shall be a second administrator on-site for a 
minimum of 20 hours per week who shall have the 
Level I North Carolina EarK Childhood 
Administration Credential or its equi\alent. 



(2) 



13:16 



NORTH CAROLINA REGISTER 



Februan- 15, 1999 



1272 



APPROVED RULES 



(3) All lead teachers shall have the North Carolina Early 
Childhood Credential or its equivalent, and 75% shall 
have: 

(A) Nine semester hours in early childhood 
education or child development (not including 
the North Carolina Early Childhood Credential 
coursework); and 

(B) Two years of full-time verifiable early 
childhood work experience. 

(4) 50% of the teachers counted in staff/child ratios shall 
have: 

(A) The North Carolina Early Childhood 
Credential or its equivalent; or 

(B) Four semester hours in early childhood 
education or child development; or 

(C) Five years of full-time verifiable early 
childhood work experience. 

(d) To achieve five points for education standards for a star 
rating, child caring staff in the center shall meet the following 
requirements. 

( 1 ) The on-site administrator shall have: 

(A) A Level III North Carolina Early Childhood 
Administration Credential or its equivalent; 
and 

(B) Four years of full-time verifiable work 
experience in an early childhood center 
teaching young children, or four years of 
administrative experience, or four years of a 
combination of both. 

(2) For centers with a licensed capacity of 200 or more, 
there shall be a second administrator on-site for a 
minimixm of 20 hours per week who shall have the 
Level I North Carolina Early Childhood 
Administration Credential or its equivalent. 

(3) All lead teachers shall have the North Carolina Early 
Childhood Credential or its equivalent, and 75% of 
the lead teachers shall have: 

(A) At least an A.A.S. degree in early childhood 
education or child development or an A.A.S. 
degree in any major with 12 semester hours in 
early childhood education or child 
development; and 

(B) Two years of full-time verifiable early 
childhood work experience. 

(4) 50% of the teachers counted in staff/child ratios shall 
have: 

(A) The North Carolina Early Childhood 
Credential or its equivalent; and 

(B) Four semester hours in early childhood 
education or child development (not including 
North Carolina Early Childhood Credential 
coursework); and 

(C) Two years of full-time verifiable early 
childhood experience. 

(e) For centers with a licensed capacity of three to twelve 
children located in a residence, when an individual has 
responsibility both for administering the child care program and 
for planning and implementing the daily activities of a group of 



children, the educational requirements for lead teacher in this 
Rule shall apply. All other teachers shall follow the educational 
requirements for teachers in this Rule. 

Histon- Note: Authority G.S. 110-88(7); 110-90(4); 143B- 

168.3; 

Eff. April I. 1999. 



.2807 EDUCATION STANDARDS FOR A RATED 

LICENSE FOR FAMILY CHILD CARE HOMES 

(a) To achieve two points for educational standards for a rated 
license, the operator shall have completed: 

(1 ) The North Carolina Family Child Care Credential or 
its equivalent; or 

(2) At least four semester credit hours in early childhood 
education or child development; or 

(3) At least 10 years of full-time verifiable early 
childhood work experience and six additional clock 
hours of annual in-service training. 

(b) To achieve three points for education standards for a rated 
license, the operator shall have completed: 

(1) The North Carolina Family Child Care Credential or 
its equivalent and three semester credit hours in early 
childhood education or child development (not 
including the North Carolina Family Child Care 
Credential coursework) and one year of flill-time 
verifiable early childhood work experience: or 

(2) The North Carolina Family Child Care Credential or 
its equivalent and five years of fijll-rme verifiable 
early childhood work experience; or 

(3) At least six semester hours of early childhood 
education/child development coursework and one year 
of full-time verifiable early childhood work 
experience; or 

(4) At least an A.A.S. degree in any major with at least 
six semester credit hours in early childhood 
education/child development coursework and six 
months of full-time verifiable earl\ childhood work 
experience; or 

(5) At least an A.A.S. degree, in early childhood 
education/child development and three months of full- 
time verifiable early childhood work experience. 

(c) To achieve four points for education standards for a rated 
license, the operator shall have completed: 

(1 ) The North Carolina Family Child Care Credential or 
its equivalent and six semester credit hours in early 
childhood education or child development (not 
including the North Carolina FamiK Child Care 
Credential coursework) and luo \'ears of tull-time 
verifiable early childhood work experience; or 

(2) At least nine semester horns of early childhood 
education/child development coursewoik and two 
years of full-time verifiable early childhood work 
experience; or 

(3) At least an A.A.S. degree in any major w ith at least 
nine semester credit hours in earh childhood 
education/child development coursework and eighteen 



1273 



NORTH CAROLINA REGISTER 



February' IS, 1999 



13:16 



APPROVED RULES 



months of full-time verifiable early childhood work 
experience; or 
(4) At least an A.A.S. in early childhood education/child 
development and one year of fiill-time verifiable early 
childhood work experience, 
(d) To achieve tlve points for education standards for a rated 
license, the operator shall have completed: 

(1) At least an A.A.S. degree in any major with at least 
twelve semester credit hours in early childhood 
education/child development coursework and two 
years of full-time verifiable early childhood work 
experience; or 

(2) At least an A.A.S. in early childhood education/child 
development and 18 months of full-time verifiable 
early childhood work experience. 

History Note: Authority G.S. } 10-88(7): 110-90(4): I43B- 

168J: 

Eff. April 1. 1999. 

.2808 COMPLIANCE HISTORY STANDARDS FOR A 
RATED LICENSE FOR FAMILY CHILD CARE 
HOMES 

(a) To achieve two points for compliance history standards 
for a star rating, the operator shall have no more than one 
substantiated complaint of violations of family child care home 
requirements and no substantiation of abuse or neglect by either 
the Division of Child Development or the local department of 
social services within the past year. The Division shall assess 
this by evaluating the number of substantiated complaints that 
have occurred over the previous year or during the length of time 
since the home began operating, whichever is less. 

(b) To achieve three points for compliance history standards 
for a star rating, the operator shall have no more than one 
substantiated complaint of violations of family child care home 
requirements and no substantiations of abuse or neglect by either 
the Division of Child Development or the local department of 
social services within the last three years. The Division shall 
assess this by evaluating the number of substantiated complaints 
that have occurred over the previous three years or during the 
length of time since the home began operating, whichever is less. 

(c) To achieve four points for compliance history standards 
for a star rating, the operator shall have no substantiated 
complaints of violations of family child care home requirements 
and no substantiations of abuse or neglect by either the Division 
of Child Development or the local department of social services 
within the last three years. The Division shall assess this by 
evaluating the number of substantiated complaints that have 
occurred over the previous three years or during the length of 
time since the home began operating, whichever is less. 

(d) To achieve five points for compliance history standards 
for a star rating, the operator shall have none of the following: 

(1) Substantiated complaints of violations of family child 
care home requirements within the last three years; 

(2) Substantiations of abuse or neglect by either the 
Division of Child Development or the local 
department of social services within the last three 



years; 
(3) Violations of overenrollment or lack or supervision in 
the past year, excluding emergency situations as 
determined by the Division, 
(e) The Division shall assess the items in Paragraph (d) of this 
Rule by evaluating the number of substantiated complaints and 
violations of overenrollment or supervision that have occurred 
over the previous three years or during the length of time since 
the home began operating, whichever is less. 

Histon'Note: Authority G.S. 110-88(7); 110-90(4): 143B- 

168.3: 

Eff April 1. 1999. 

.2809 MAINTAINING THE STAR RATING 

(a) A representative of the Division may make announced or 
unannounced visits to facilities to assess on-going compliance 
with the requirements of a star rating after it has been issued. 
When the Division representative documents violations with the 
standards that determine a rating, the representative may take 
one or more of the following actions: 

( 1 ) Advise the operator to submit written verification that 
the violation(s) have been corrected. 

(2) Return to the facility for an unannounced visit at a 
later date to determine if compliance has been 
achieved. 

(3) Recommend an Environmental Rating Scale 
assessment be conducted. 

(4) Recommend a complete reassessment of requirements 
of the star rating issued to the facility. 

(5) Recommend that the star rating be reduced. 

(6) Recommend administrative action in accordance with 
G.S. 1 1 and this Subchapter. 

(b) If changes occur at a facility which result in the operator 
not complying with the standards in this Section for the star 
rating issued, the operator shall correct the noncompliance 
within 30 days. If the operator does not correct the 
noncompliance within 30 days, the operator shall notify the 
Division. Based upon the information obtained, the Division 
may take any of the actions described in Paragraph (a) of this 
Rule. 

(c) A complete assessment of requirements for a voluntary 
rated license of two stars or higher shall be conducted at least 
once every three years. The Division shall provide for one 
evaluation of program standards using the environment rating 
scales referenced in Rule .2802(e) free of charge once every 
three years when reassessing the ratings of operators with three 
to five points for program standards. 

History Note: Authorit\- G.S. 110-88(7): 110-90(4): 143B- 

168.3- 

Eff. April 1. 1999. 

CHAPTER 20 - VOCATIONAL REHABILITATION 

SUBCHAPTER 20C - PROGRAM RULES 

SECTION .0100 - GENERAL POLICIES 



13:16 



NORTH CAROLINA REGISTER 



Fehruarv 15, 1999 



1274 



APPROVED RULES 



.0125 RATES AND FEES FOR PURCHASERS OF 
SERVICES 

The Division shall establish fees it charges for any services by 
determining the amount necessary to recoup all direct and 
indirect costs associated with the respective service. Direct costs 
are those that can be identified specifically with a particular 
service. Indirect costs are those that have been incurred for 
common or multiple services and cannot be readily identified 
with a specific service. Any fees assessed shall not be in 
conflict with the provisions regarding comparable benefits in 34 
C.F.R. 361.44. 

History Note: Authority G.S. 143-545. 1: 143-546. 1: 34C; 
Eff. April I. 1999. 

CHAPTER 42 - INDIVIDUAL AND FAMILY 
SUPPORT 

SUBCHAPTER 42C - LICENSING OF FAMILY 
CARE HOMES 

SECTION .2300 - SERVICES 

.2301 PERSONAL CARE 

Responsible staff shall be on duty at all times to: 

( 1 ) Encourage and assist residents to care for their 
grooming, clothing, and toilet articles. This includes 
care of body. hair, gums, teeth, dentures, fingernails, 
clothing and personal items (comb, 
brush, etc.); 

(2) Allow all residents freedom of movement; 

(3) Assist residents, when necessary, on an individual 
basis with their bathing, dressing, eating, walking, 
going up and down steps, correspondence, shopping, 
and scheduling of medical and business appointments, 
as well as attend to any personal needs residents may 
be incapable of or unable to attend for themselves; 

(4) Supervise, on an individual basis, residents who 
smoke and need supervision. The degree of 
supervision— shall be at the discretion of the 
administrator or supervisor-in-charge. The home shall 
have a written policy on smoking; 

(5) Evacuate all residents in an emergency; 

(6) Assure that residents are dressed in appropriate 
clothing when using the living room, dining room and 
recreational areas, or when the resident leaves the 
home for activities in the community; 

(7) Respond immediately in case of an accident or 
incident involving a resident, and make a report of it. 
as follows: 

(a) The administrator or supervisor-in-charge 
shall notify the county department of social 
services within 24 hours of anv incident or 
accident which results in injury to a resident. 
A report shall be made if there is any reason to 
believe that a resident has been injured. Form 
DFS-4189 shall be completed by the 
administrator or supervisor-in-charge and 



mailed to the county department by the next 
working day. This written report shall indicate 
how, when and where the incident or accident 
occurred, the nature of the injury, what was 
done for the resident and time of notification or 
attempts at notification of the responsible 
person or contact person as required in Part 
(7)(c)(i)ofthis Rule; 

(b) The administrator or supervisor-in-charge shall 
immediately notify the county department of 
social services and the local law enforcement 
authority, as appropriate, of any mental or 
physical abuse, neglect or exploitation of a 
resident in accordance with General Statute 
108A-99. The administrator and 
supervisor-in-charge shall cooperate with the 
county department of social services in its 
investigation of the matter; and 

(c) The administrator or supervisor-in-charge shall 
assure the notification of a resident's 
responsible person or contact person, as 
indicated on the Resident Register, of the 
following, unless the resident or his 
responsible person or contact person objects to 
such notification: 

(i) any injury to or illness of the resident 
requiring medical treatment or referral 
for emergency medical evaluation, with 
notification to be as soon as possible but 
no later than 24 hours from the time of 
the initial discovery or knowledge of the 
injury or illness by staff and 
documented in the resident's file; and 
(ii) Any incident of the resident falling or 
wandering from the home's premises 
which does not result in injury requiring 
medical treatment or referral for 
emergency medical evaluation, with 
notification to be as soon as possible but 
no later than 48 hours from the time of 
initial discovery or knowledge of the 
incident by staff and documented in the 
resident's file, except for wandering 
incidents requiring 

notification according to 
.2305(0(4); and 
(8) Encourage and assist the residents in 

possible exercise of the civil and religious liberties 
guaranteed under the Adult Care Home Residents' Bill 
of Rights, General Statute 1 3 1 D-2 1 . 

Histoiy Note: Aulhorit}- G.S. UID-.l: lliB-153: 

Eff. Januaiy 1. 197'^: 

ReadoptedEff. October 31. 1977: 

Amended Eff. May 1. 1999: July 1. 1990: April I. 19.^": April I. 

1984. 

CHAPTER 49 - AID TO FAMILIES WITH 



immediate 
Rule 42C 

the fijllest 



1275 



NORTH CAROLINA REGISTER 



Februarx' 15, 1999 



13:16 



APPROVED RULES 



DEPENDENT CHILDREN (AFDC) 

SUBCHAPTER 49B - ELIGIBILITY 
DETERMINATION 

SECTION .0600 - PAYMENT PROCEDURES 

.0608 CLIENT FRAUD AND INTENTIONAL 
PROGRAM VIOLATIONS 

(a) Count) Responsibilities; Fraud Prevention. 

(1) The county department of social services shall 
develop of an operational program for fraud 
prevention, detection and investigation. Fraud 
program organizational requirements must be 
established based on the number of (AFDC or Work 
First) recipients, the effectiveness of the fraud 
prevention program, the frequency of suspected fraud 
cases, and the resources available to the agency. 

(2) The county department must designate staff to be 
responsible for fraud activities. 

(3) The count} shall strive to obtain all Social Security 
numbers and correctly complete them on computer 
input forms. 

(4) The recipient shall be notified no less frequently than 
at each eligibility review of his obligation to report 
within ten days, all changes in income, resources, or 
other changes which may effect the amount of 
payment. Failure to do so within that time may 
constitute a willful withholding of such information, 
and permit the county department to recover the 
overpayment. 

(b) County Department Responsibilities; Detection and 
Investigation; 

(1) The county department shall investigate any 
information which indicates that a recipient may be 
receiving AFDC or Work First to which the recipient 
is not entitled. 

(2) In the investigation the staff designated for fraud 
shall: 

(A) verify that all responsibilities have been 
fulfilled as set forth in the rules governing the 
AFDC or Work First program; 

(B) determine whether fiirther investigation should 
be undertaken to support the belief that fraud is 
suspected; 

(C) evaluate the evidence to substantiate fraud and 
the intent to defraud; 

(D) determine the amount of the erroneous 
payment. 

(3) When there is reason to suspect fraud, the county 
director must ensure that the agency has explained to 
the client his responsibilities for reporting changes in 
his circumstances to the agency. The director shall 
determine whether the agency should investigate 
further and shall present the case and fraud summary 
to the counfy board of social services for action unless 
the board has delegated this responsibility to him. 

(4) The fraud summarN shall include: 



(A) identifying information; 

(B) a description of the fraudulent act; 

(C) evidence to substantiate fraud and the intent to 
defraud; 

(D) evidence to substantiate the amount of 
ineligible assistance received; 

(E) information concerning the client's 
competency, educational background, abilitv to 
know right from wrong, any statement 
volunteered b\ the client in response to the 
accusation and any other information which 
may help explain the client's current situation. 

(c) Counfy Board's Responsibilities. 

(1 ) The counfy board of social services, or its designee, 
shall determine whether there is a basis for the belief 
that misrepresentation may have been committed by a 
person. 

(2) The county board, or its designee, shall determine if 
the person: 

(A) willfully and knowingly misstated, provided 
incorrect or misleading information in response 
to either oral or written questions; or 

(B) willfully and knowingly failed to report 
changes which might have affected the amount 
of payment; or 

(C) willfully and knowingly failed to report the 
receipt of benefits which he knew he was not 
entitled to receive. 

(3) There must be physical evidence to substantiate a 
determination that fraud was the reason for the 
overpayment. 

(4) If the board, or its designee, determines fraud is 
suspected, it shall instruct the agency to pursue one or 
more, of the following actions: 

(A) administrative recoupment which is defined as: 

(i) involuntary reduction of the AFDC or 
Work First grant may be collected from 
all income and assets of the assistance 
unit. The assistance unit shall retain an 
amount not less than 90 percent of the 
assistance payment received b\ a family 
of similar composition with no other 
income; or 

(ii) a voluntar\' grant reduction. There is no 
limitation on the amount of the 
reduction; 

(iii) voluntary recipient refund. There is no 
limitation on the amount of the refund; 

(B) administrative disqualification: 

(i) Hearing 

( 1 ) An administrative 

disqualification hearing shall be 
initiated by the counfy 
department of social services 
when there is sufficient evidence 
to indicate that an individual has 
intentionally violated a program 
rule in order to receive cash 



13:16 



NORTH CAROLINA REGISTER 



February IS, 1999 



1276 



APPROVED RULES 



assistance for which the 
individual is not eligible. The 
hearing shall be held and any 
administrative action initiated 
within 90 days of the date the 
individual is notified in writing 
that the hearing has been 
scheduled. No hearing shall be 
held when the amount of the 
overpayment is less than one 
hundred dollars ($100.00). 
(II) The county board of social 
services shall designate the 
counts' director or their impartial 
county employee to act as the 
hearings officer. Duties are to: 
provide written notification of 
the hearing date, time, and 
location to the client at least 30 
days in advance of the date of the 
hearing. Written notification of 
the hearing shall include the 
client's right to have legal 
representation, a witness or 
witnesses, or waive the hearing; 
conduct the hearing to collect all 
evidence and testimony; render a 
written decision to the client and 
DSS within 15 days as to 
whether an intentional program 
violation has occurred. Written 
notification that the hearing 
decision will be mailed by 
Certified Mail Return Receipt 
Requested. The notice will 
inform the client of the right to 
further appeal to the state (or 
higher local authority) and the 
procedures for such appeal. 
When an intentional program 
violation is found. the 
notification will inform the client 
of the length of the sanction and 
that client remains a part of the 
Work First case and subject to all 
program requirements. When no 
intentional program violation is 
found, the notification will 
inform the client that the 
overpayment will be collected 
pursuant to 1 NCAC 49B .0606. 
(ii) Sanctions: 

( 1 ) The county department of social 
service-^ shall apply 

disqualilicat'on sanctions as 
follows: 12 months of 

ineligibility for the first offense; 
24 months for the second 



offense; and permanently 
disqualified for the third offense. 
(II) The sanction shall be applied by 
reducing the work first cash 
assistance payment by the 
disqualified person's share of the 
payment for the appropriate 
period of sanction. The 
disqualified person remains a 
part of the work first case and 
subject to all program 
requirements, 
(iii) Repayment: 

The county department of social 
services will follow procedures pursuant 
to Part (c)(4)(A) of this Rule in the 
collection of overpayments. 

(C) civil court action; or 

(D) criminal court action. 

(d) Board Decision; Agency Follow-up: 

(1) If the board, or its designee, suspects fraud, the 
department's findings and actions shall be reported 
immediately to the assistance payments section. The 
county director shall keep the county board and 
assistance payments section informed on all cases 
referred for court and repayment action. 

(2) The county department of social services is 
responsible for supporting the local prosecutor by 
accomplishing necessary interviews in accordance 
with the prosecutor's requirements, recommending 
possible wimesses, providing necessary investigative 
reports, and taking other action deemed necessary by 
legal authorities. 

(3) Regardless of what action is taken by the board or the 
court, the county shall continue to work with the 
client and shall promptly notify the client of the action 
taken in his case. 

(4) The county shall maintain records on the number of 
cases referred for investigation, the number of 
suspected fraud referrals, action taken to recover the 
overpayment and amounts recovered. 

(e) In fraud cases, if a county fails to act promptly on 
indications of ineligibility, federal and state financial 
participation shall not be available. 

HistonNote: Authorin- S.L. 199''-443. Section 111': G.S. 

I08A-25: lOHA-59: 143B-I53: 45 C.F.R. 233.20: 45 C.F.R. 

235.110: 

Eff. February 1. 1984: 

Amended Eft: June 1. 1990: February 1. 1986: 

Temporary Amendment Eff. June 17. 1998: 

Amended Eff- .April L 1999. 



TITLE 11 - DEPARTMENT OF INSURANCE 
CHAPTER 12 - LIFE AND HEALTH DIVISION 



7277 



NORTH CAROLINA REGISTER 



February IS, 1999 



13:16 



APPROVED RULES 



SECTION .1000 - LONG-TERM CARE INSURANCE 

.1003 POLICY DEFINITIONS: APPEALS 

(a) Unless otherwise required bv federal law or regulation, 
no policy issued or issued for delivery in this State shall use the 
terms set forth below, unless the terms are defined in the policy 
and the definitions satisfy the following requirements: 

(1) "Activities of daily living" means at least bathing, 
continence, dressing, eating, toileting, and 
transferring. 

(2) "Acute condition" means that the individual is 
medically unstable and requires frequent monitoring 
by a medical doctor or registered nurse. 

(3) "Bathing" means washing oneself by sponge bath, or 
in a tub or shower, including the task of getting into 
and out of the tub or shower. 

(4) "Cognitive impairment" means a deficiency in a 
person's short or long-term memory ; orientation as to 
person, place, and time; deductive or abstract 
reasoning; or judgment as it relates to safefy 
awareness. 

(5) "Continence" means the abilify to maintain control of 
bowel and bladder function; or, when unable to 
maintain control of bowel or bladder function, the 
ability to perform associated personal hygiene 
(including caring for catheter or colostomy bag). 

(6) "Dressing" means putting on and taking off all items 
of clothing and an\ necessary braces, fasteners, or 
artificial limbs. 

(7) "Eating" means feeding oneself by getting food into 
the body from a receptacle (such as a plate, cup, or 
table); or by feeding tube or intravenously. 

(8) "Hands-on-assistance" means physical assistance 
(minimal, moderate, or maximal) without which the 
individual would not be able to perform the activitv of 
daily living. 

(9) "Medicare" means the "Health Insurance for the Aged 
Act", Title XVI 11 of the Social Security 
Amendments of 1965. as amended. 

(10) "Mental of nervous disorder" shall not be defined to 
include mroe than neurosis, psychoneurosis, 
psychopathy, psychosis, or mental or emotional 
disease or disorder. 

(11) "Personal care" means the provision of hands-on 
services to assist an individual with activities of daily 
living. 

(12) "Toileting" means getting to and from the toilet, 
getting on and off the toilet, and performing 
associated personal hygiene. 

(13) "Transferring" means moving into our out of a bed. 
chair, or wheelchair. 

(14) "Skilled nursing care," "intermediate care." "personal 
care." home care." and other services shall be defined 
in relation to the level of skill required, the nature of 
the care, and the setting in which care must be 
delivered. 

(b) The definitions contained in G.S. 58-55-20 and G.S. 58- 
55-35(a) are incorporated by reference into this Section. 



(c) A policy may condition the payment of benefits on a 
determination of the insured's ability to perform activities of 
daily living and on cognitive impairment as long as those 
conditions are defined in the policy. Assessments of activities 
of daily living and cognitive impairment shall be performed by 
licensed or certified professionals, such as medical doctors, 
nurses, or social workers. Policies shall include a description of 
the procedures for appealing and resolving benefit 
determinations. 

History Note: Authorir\' G.S. 58-2-40(1): 58-55-30(a>; 
Eff. September 1. 1990: 
Amended Eff. April L 1999. 

.1025 SUITABILITY 

(a) Each insurer, except an insurer issuing life insurance that 
accelerates benefits for long-term care, shall: 

( 1 ) Train its agents in the use of its suitability standards. 

(2) Maintain a copy of its suitability standards and make 
them available for inspecfion upon request by the 
Division. 

(b) To determine whether the applicant meets the standards 
developed by the insurer, the agent and insurer shall develop 
procedures that take the following into consideration: 

( 1 ) The ability to pay for the proposed coverage and other 
pertinent fmancial information related to the purchase 
of the coverage. 

(2) The applicant's goals or needs with respect to long- 
term care and the advantages and disadvantages of 
insurance to meet these goals of needs. 

(3) The values, benefits, and costs of the applicant's 
existing insurance, if any. when compared to the 
values, benefits, and costs of the recommended 
purchase or replacement. 

(c) The sale or dissemination of information obtained through 
the personal long-term care insurance worksheet referred to in 
G.S. 58-55-53(c)( 1) by an insurer or an agent to any person 
outside of the insurance company or insurance agency is 
prohibited. 

(d) Each year the insurer shall report to the Division the total 
number of applications received from residents of this State, the 
number of applicants who declined to provide information on the 
worksheet, the number of applicants who did not meet the 
suitability standards, the number of those who chose to confirm 
after receiving a suitability letter. 

(e) An insurer may issue a policy to an applicant that does not 
meet the financial suitability standards if the applicant signs a 
waiver acknowledging the suitability results. 

HisloiT Note: Authority- G.S 58-2-40(1): 58-55-3n(ci): 58-55- 

31: 

Eff. April 1. 1999. 

SECTION .1200 - ACCELERATED BENEFITS 

.1212 LONG-TERM CARE BENEFITS 
ACCELERATION 

(a) An insurer that issues life insurance policies that 



13:16 



NORTH CAROLINA REGISTER 



Fehruarv 15, 1999 



1278 



APPROVED RULES 



accelerate benefits for long-term care shall comply with 1 1 
NCAC 12 .1010 if the policy being replaced is a long-term care 
insurance policy. If the policy being replaced is a life insurance 
policy, the insurer shall comply with 11 NCAC 12 .0611. if a 
life insurance policy that accelerates benefits for long-term care 
is replaced by another life insurance policy that accelerates 
benefits for long-term care, the replacing insurer shall comply 
with 11 NCAC 12 .1010 AND 11 NCAC 12.0611 

(b) 11 NCAC 12 .1013 does not apply to life insurance 
policies that accelerate benefits for long-term care. A life 
insurance policy that funds long-term care benefits entirely by 
accelerating the death benefit is considered to provide 
reasonable benefits in relation to premiums paid, if the policy 
complies with all of the following provisions: 

(1) The interest credited internally to determine cash 
value accumulations, including long-term care, in any, 
are guaranteed interest rate for cash value 
accumulations without long-term care set forth in the 
policy. 

(2) The portion of the policy that provides life insurance 
benefits meets the nonforfeiture requirements of G.S. 
58-58-30. 

(3) The policy meets the disclosure requirements of G.S. 
58-55-30. 

(4) Any policy illustration that meets the applicable 
requirements of 1 1 NCAC 4. 0501 

(5) An actuarial memorandum is filed with the Division 
that includes: 

(A) A description of the basis on which the long- 
term care rates were determined. 
A description of the basis for the reserves. 
A summary of the type of policy, benefits, 
renewability, general marketing method, and 
limits on ages of issuance. 
A description and a table of each actuarial 
assumption used. For expenses, an insurer 
must include percent of premium dollars per 
policy and dollars per unit of benefits, if any. 
A description and a table of the anticipated 
policy reserves and additional reserves held in 
each future year for active lives. 
The estimated average annual premium per 
policy and the average issue age. 
A statement as to whether underwriting is 
performed at the time of application. The 
statement shall indicate whether underwriting 
is used and, if used, the statement shall include 
a description of the type or assessment 
underwriting. For a group policy, the statement 
shall indicate whether the enrollee or an\ 
dependent will be underwritten and when that 
underwriting occurs. 

A description of the effect of the long-term 
care policy provision on the required 
premiums, nonforfeiture values, and reserves 
on the underlying life insurance policy, both 
for the active lives and those in long-term care 
claim status. 



(B) 
(C) 



(D) 



(E) 



(F) 



(G) 



(H) 



Histon- Note: Authority^ G.S. 58-2-40(1): 58-55-30(a): 58-58- 

1:58-58-40: 

Ejl April A 1999. 



TITLE 12 - DEPARTMENT OF JUSTICE 

CHAPTER 9 - CRIMINAL JUSTICE EDUCATION 
AND TRAINING STANDARDS 

SUBCHAPTER 9B - STANDARDS FOR CRIMINAL 

JUSTICE EMPLOYMENT: EDUCATION: AND 

TRAINING 

SECTION .0600 - CERTIFICATION OF POST- 
SECONDARY CRIMINAL JUSTICE EDUCATION 
PROGRAMS 

.0603 LEVELS OF APPROVAL 

(a) An institution operating a postsecondary criminal justice 
program not currently meeting all of the criteria for certification 
as contained in the "Certification Guidelines Manual for 
Postsecondary Criminal Justice Programs" may apply to the 
Commission for Candidate Status. This category also applies to 
institutions that have not graduated a regular class but have a 
program under way which appears to meet most of the criteria. 

(b) The "Certification Guidelines Manual For Postsecondary 
Criminal Justice Programs" as published by the Commission is 
hereby adopted by reference and shai! not include any 
subsequent amendments, to provide specific information about 
the postsecondary criminal justice education certification process 
as administered by the Commission. Copies of this publication 
may be inspected at the office of the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 1 4 West Edenton Street 

Old Education Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at cost from the Standards Division. 

(c) Programs awarded certification will be entitled to all 
rights and recognitions by the Commission. These include an\ 
benefits provided by the Commission to certified programs. 
Programs in this status must have graduated a class. 

History Note: Authority G.S. 1 7C-6(b)(I0): 

Efj: Januaiy 1 . 1985: 

Amended Eff. December L 1998: July I. 1 989. 

CHAPTER II - NORTH CAROLINA ALARM 
SYSTEMS LICENSING BOARD 

SECTION .0200 - PROVISIONS FOR LICENSEES 

.0204 RENEWAL OR RE-ISSUE OF LICENSE 

(a) Each applicant for a license renewal shall complete a 



7279 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



13:16 



APPROVED RULES 



renewal form provided by the Board. This form shall be 
submitted to the administrator not less than 30 days prior to 
expiration of the applicant's current license and shall be 
accompanied by: 

( 1 ) two recent head and shoulders color photographs of 
applicant of acceptable quality for identification one 
inch by one inch in size; 

(2) statements of the result of a local criminal history 
records search by the City/County Identification 
Bureau or Clerk of Superior Court in each county 
where the applicant has resided within the 
immediately preceding 24 months; 

(3) the applicant's renewal fee; and 

(4) proof of liability insurance pursuant to G.S. Sec. 74D- 
9. 

(b) Applications for renewal shall be submitted not less than 
30 days before the expiration date of the license. In no event 
will renewal be granted more than 90 da\'s after the date of 
expiration of a license. Renewals shall be dated on the next day 
following expiration of the prior license. 

(c) Applications for renewal submitted after the expiration 
date of the license shall be accompanied by the late renewal fee 
established by 12 NCAC Chapter II .0203 and must be 
submitted not later than 90 days after the expiration date of the 
license. 

(d) The administrator shall approve or deny all applications 
for renewal. Any denials will be submitted to the Board for a 
final board decision. 

History Note: Authority G.S. 74D-2(a): 74D-5: 
Eff. Jamtaiy 1 . 1995: 
Temporary Adoption Eff. May 18. 1995: 
Amended Eff. Max L 1999: October 1. 1995. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER IN - DRINKING WATER 
TREATMENT FUND RULES 

SECTION .0100 - GENERAL PROVISIONS 

.0103 APPLICABLE PROCEDURES 

Loans from the Fund shall be made in accordance with 
guidelines found in the "Drinking Water State Revolving Fund 
Program Guidelines." published by the United States 
Environmental Protection Agency, Office of Water, on Februarv 
28. 1997 (EPA 816-R-97-005) which is hereby incorporated by 
reference including any subsequent amendments and additions. 
This material is available for inspection at the Department of 
Environment and Natural Resources. Division of Environmental 
Health. 2728 Capital Boulevard. Raleigh. North Carolina. Free 
copies may be obtained fi-om the U.S. Environmental Protection 
Agency by telephoning 1-800-426-4791. The guidelines are also 



available on-line at 

http:/'M\\'w.epa.gov.OGWDW/regs/ititro.html. 

History Note: .Authority G.S. 159G-5: 159G-15: 
Temporary .Adoption Eff. January 31. 1998: 
Eff. April ' 1. 1999. 

SECTION .0200 - AVAILABILITY ON LOANS 

.0202 LOAN RESTRICTIONS 

(a) Loans shall not be used for the acquisition of real property 
or interests therein, unless the acquisition is integral to a project 
authorized under this Subchapter and the purchase is from a 
willing seller. 

(b) Except as provided in Paragraph (c) of this Rule no 
assistance shall be provided to a public water system that does 
not have the technical, managerial, and financial capacity to 
ensure compliance with the requirements of the Act or to a 
public water system that is in significant non-compliance with 
any requirement of the Act or with a variance authorized under 
the Act as evidenced by administrative penalty, administrative 
order or court action against the water system. A determination 
of technical, managerial, and financial capacity shall be based 
upon a review of finances, compliance with applicable public 
health, environmental and utility laws, and the experience and 
certification level of the water system operator as evidenced by 
the submission of a business plan as required by Section .0400 
of this Subchapter. 

(c) A public water system in significant non-compliance with 
the Act ma\ receive assistance if the assistance will shall ensure 
compliance with the Act. A public water system that does not 
have technical, managerial, and financial capacity may receive 
assistance if the owner or operator shall agree to undertake 
feasible and appropriate changes in operation of the water 
system that will ensure the system will achieve technical, 
managerial, and financial capacity over the long-term. 

(d) Each applicant shall establish a dedicated source of 
revenue or demonstrate that there is adequate security for 
repayment of the loan. 

(e) Funding shall be limited to the most cost-effective 
solution for the compliance or public health problem identified 
in a proposed project. 

(f) Funding shall be limited to the eligible portions of a 
project containing ineligible segments. 

(g) Funding shall not be available for federally owned public 
water systems. 

HIstoiyNote: Authority G.S. I59G-5: 159G-15: 
Temporary Adoption Eff. Januaiy 31. 1998: 
Eff April ' I. 1999. 

.0203 ADMINISTRATIVE EXPENSES 

Agreement to a debt instrument by a loan applicant shall 
include payment of a two percent administrative fee which is an 
eligible project cost. These monies shall accrue to be used only 
for the reasonable costs of administering the Fund. 

History Note: A uthorin- G. S. 1 5 9G-5: 1 59G- 1 5: 



13:16 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



1280 



APPROVED RULES 



Temporary Adoption Eff. January 31. 1998: 
Eff. April I. 1999. 

SECTION .0400 - APPLICATIONS 

.0401 FILING DEADLINES 

Applications for loans shall be postmarked or delivered to the 
Division of Environmental Health on or before September 30 of 
each year in order to be approved for loan fijnds available during 
the following fiscal year, except February 13. 1998, for FY 
96/97 SRF funds. 



which projects are intended to be funded in the current year and 
in future years. The projects that are expected to be funded in 
the current year shall be so noted. The priority rating of eligible 
projects shall be published and an opportunity for public 
hearing will be provided before funds are awarded. 

HistoiyNote: Authority G.S. 159G-5: 159G-15; 
Temporary Adoption Eff. January 31, 1998; 
Eff. April 1. 1999. 

SECTION .0600 - PRIORITY CRITERIA 



History Note: Authority G.S. 159G-5: 159G-15: 
Temporary Adoption Eff Januaiy 31. 1998: 
Eff. April ' 1. 1999. 

SECTION .0500 - REVIEW AND ASSIGNMENT 
OF PRIORITIES 



.0501 PRIORITY REVIEW PERIOD 

The priority review period shall be from October 1 until June 
30 of the following year. 

History Note: Authority G.S. 159G-5: 159G-15: 
Temporary Adoption Eff Januaiy 31, J 998: 
Eff. .April' 1, 1999. 

.0502 ASSIGNMENT OF PRIORITIES 

(a) During each review period the Division shall assign a 
priority rating to each eligible application for inclusion in the 
state intended use plan; the priority rating shall be determined 
in accordance with the rating criteria and points contained in 
Section .0600 of this Subchapter. 

(b) The Division may exercise discretionary authority to 
establish a priority rating when two or more applications receive ( 1 ) 
the same number of priority points. The project receiving the 

most points for public health and compliance shall receive the 
greater priority. If the public health points awarded the projects 
are equal, the project with the smaller population shall receive 
the greater priority. If points are still equal, the project with the 
greatest financial need as determined in accordance with Rule 
.0605 of this Subchapter shall receive the higher ranking. 

(c) Only the eligible portions of a project containing ineligible 
segments shall receive a priority rating. 

(d) The Division may assign a different priority rating to each 
substantially independent part of a proposed project. 

(e) Any applications that are not awarded assistance during a 
review period shall be held over and considered for a second 
review in accordance with G.S. 1 590- 1 0(d). 

History Note: Authorit}- G.S. I59G-5: 159G-15: 

Temporaiy Adoption Eff. Januaiy 31, 1998: (2) 

Eft: .April I, 1999. 

.0503 INTENDED USE PLAN 

A state intended use plan containing the priority rating of each 
eligible project will be prepared by the Division. The intended 
use plan shall include a comprehensive priority list identiiying 



.0601 GENERAL CRITERIA 

(a) In determining the priority to be assigned each eligible 
application the Division shall consider whether the project will: 

( 1 ) Address the most serious risk to human health, 

(2) Facilitate compliance with the N.C. Drinking Water 
Act or the federal Safe Drinking Water Act, and 

(3) Assist systems most in need on a per household basis. 

(b) The total priority points received shall be the sum of all 
points awarded for each categorical element. 

Histoiy Note: Authority G.S. 159G-5: I59G-15: 
Temporary Adoption Eff January 31, 1998: 
Eff .April 1, 1999. 

.0602 PUBLIC HEALTH AND COMPLIANCE 

Public health and compliance points may be awarded to a 
project based on the following criteria. A proposed project shall 
be necessary to facilitate compliance wiih the N.C. Drinking 
Water Act or the federal Safe Drinking Water Act and to 
alleviate the type of public health concern for which points are 
awarded. A project shall receive only points in the highest sub- 
category for which it may qualify: 



Acute/Imminent Health Hazards. A maximum of 1 50 
points shall be awarded to projects that propose to 
eliminate any one or more of the following acute, 
ongoing health hazards to the consumer: 

(a) Projects that address documented nitrate, nitrite 
or fecal coliform MCL violations, or 
contaminant levels in drinking water which 
constitute acute health risks as defined in 40 
C.F.R I41.32{a)(l)(iii) which is incorporated 
by reference at 15A NCAC 18C.1523; or 

(b) Projects that eliminate any contaminant in the 
public water system that poses an acute risk or 
imminent hazard to public health as determined 
by the State Health Director or a health risk 
assessment from the Division of Epidemiolog). 
Department of Health aiici Human Services in 
accordance with G.S. I30a\-.'.(3). 

Immediate Health Hazards. .A maximum of 100 
points shall be awarded to piojecl:; that propose to 
eliminate any one or more of the following immediate 
health hazards to the consumer: 
(a) Projects that address surface water treatment 

technique violations occuning for two or more 

consecutive months; 



12H1 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



13:16 



APPROVED RULES 



(b) Projects that resolve any microbiological MCL 
problems for a water system with three or more 
microbiological MCL violations during the 
previous 12 months; 

(c) Projects that propose filtration for a surface 
water source or for a well that is determined to 
be under the direct influence of surface water 
by the Department that does not currently have 
filtration: 

(d) Projects that address the inability of a public 
water system to inactivate giardia and viruses 
in accordance with 1 5 A NC AC 1 8C .200 1 ; or 

(e) Projects that address documented recurrent 
water outages or low pressure below the 
requirements of 1 5 A NC AC 1 8C .090 1 . Only 
problems that affect human consumption of 
drinking water-wtH shall be considered for 
award of points under this criteria. 

(3) Chronic Health Hazards. A maximum of 60 points 
shall be awarded to projects that propose to eliminate 
any one or more of the following chronic health 
hazards to the consumer: 

(a) Projects that address exceedances of the lead 
and copper action levels under ISA NCAC 
ISC. 1507; 

(b) Projects that address violations of inorganic or 
organic chemical or contaminant MCLs under 
1 5A NCAC 1 8C . 1 5 1 0, . 1 5 1 7, and . 1 5 1 8; 

(c) Projects that address violations of radiological 
contamination MCLs under 15A NCAC 18C 
.1520 and. 1521; or 

(d) Projects that address a chronic health hazard as 
determined by the State Health Director or a 
health risk assessment from the Division of 
Epidemiology. Department of Health and 
Human Services. 

(4) Potential Health Hazards. A maximum of 40 points 
shall be awarded to projects that propose to eliminate 
any one or more of following potential health hazards 
to the consumer: 

(a) Projects that address low chlorine residuals in 
the distribution system: 

(b) Projects that address periodic violations of an 
MCL: 

(c) Projects for line installation or extensions to 
areas with poor water quality or limited 
quantity: 

(d) Projects to develop new sources of water, to 
augment existing sources, or to expand 
treatment capacity to meet current demand 
when the average daih demand for the 
previous 12 months equals or exceeds the 
available water supply as calculated in local 
water supply plans prepared in accordance with 
G.S. 143-355(1) or the maximum day demand 
for the previous 12 months equals or exceeds 
the approved water treatment plant design 
capacity; or 



(e) Projects to provide disinfection for a system 
that currently does not have disinfection. 
(5) System Improvements. A maximum of 20 points shall 
be awarded for projects that shall provide any one or 
more of the following general system improvements 
when needed for public health purposes: 

(a) Projects that replace water supply production 
or treatment equipment that is undersized, 
malfunctioning or has exceeded its useful life; 

(b) Projects that replace undersized or leaking 
water lines; 

(c) Projects that address other water quality 
concerns such as iron, manganese, taste, and 
odor; 

(d) Projects to bring existing facilities to current 
design standards which affect water quality 
such as treatment, chemical storage and 
application, pumping facilities, finished 
storage, distribution systems; 

(e) Projects that eliminate dead ends and provide 
looping in a distribution system. 

(f) Projects that increase water storage capacity; 

(g) Projects to develop new sources of water, to 
augment existing sources, or to expand 
treatment capacitv to meet current demand 
when the average daih demand for the 
previous 12 months exceeds 80 percent of the 
available water supply as calculated in local 
water supply plans prepared in accordance with 
G.S. 143-355(1) or the maximum day demand 
for the previous 12 months exceeds 80 percent 
of the approved water treatment plant design 
capacity; or 

(h) Projects for installation or upgrade of water 
treatment plant waste disposal facilities. 

History Note: Authority G.S. 159G-5: 1 59G-15: 
Temporary Adoption Eff. Januaiy 31. 1998: 
Eff. April I. 1999. 

.0605 AFFORDABILITY 

Points for affordability shall be determined b\ comparing the 
projected monthly residential user cost at the completion of the 
project with the median household income (MHI). User cost 
shall be calculated from water rates based on a maximum of 
4,500 gallons. The median household income shall be 
determined in the service area of the water system. If median 
household income data is not available for the service area, data 
from the nearest comparable community area shall be used. The 
Division ma\ use count\-wide median household income data if 
data for the service area or nearest comparable communir\ area 
are not available. Points shall be awarded on the following 
scale: 

Rates = 0% to .25% MHI points 

Rates = 0.26% to .50°/o MHI 5 points 

Rates = .51% to .75% MHI 20 points 

Rates = .76% to 1 .0% MHI 40 points 

Rates = LOTo or greater MHI 50 points 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1282 



APPROVED RULES 



History Note: A uthority G. S. 1 59G-5; 1 59G- 1 5: 
Temporary Adoption Eff. Januaiy 31, 1998: 
Eff. April !, 1999. 

SECTION .0700 - AWARD, COMMITMENT AND 
DISBURSEMENT OF LOANS 

.0704 DISBURSEMENT OF LOANS 

(a) Disbursement of loan monies shall be made at intervals as 
work progresses and expenses are incurred. No disbursement 
shall be made until the receiving agency receives satisfactory- 
documentation of incurred costs. At no time shall disbursement 
exceed the allowable costs which have been incurred at that 
time. 

(b) No disbursement shall be made until the receiving agency 
receives documentation of compliance with the verifiable 
percentage goal for participation by minority businesses in 
accordance with G.S. 143- 128(c) and any eligible federal and 
state laws. 

(c) The receiving agency shall authorize the Controller's 
Office of the Department of Environment and Natural Resources 
to make loan disbursements. 

History Note: Authority G.S. 159G-5: 159G-I5: 
Temporan' Adoption Eff. January 31, 1998: 
Eff. April 1.1999. 

SECTION .0800 - LOAN REPAYMENTS 



payment is due not earlier than six months after the date of 
completion of the project. 

(g) All principal and interest payments shall be made payable 
to the Fund. 

History Note: Authority G.S. I59G-5: I59G-15; 
Temporary Adoption Eff. January 3 1 . 1998: 
Eff. April ' 1. 1999. 

SECTION .0900 - INSPECTION AND AUDIT 
OF PROJECTS 

.0902 AUDIT 

All projects to which a loan has been committed shall be 
audited in accordance with G.S. 159-34 and the United States 
Environmental Protection Office of Water (4606) Drinking 
Water State Revolving Fund Program Guidelines, EPA 816-R- 
97-005 Februarv (28) 1997 which is incorporated in Rule .0103 
of this Subchapter. 

History Note: Authority G.S. 159G-5: I59G-15: 
Temporary Adoption Eff'. January 31, 1998; 
Eff. April 1. 1999. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - AIR POLLLUTION 
CONTROL REQUIREMENTS 



.0801 INTEREST RATES 

The interest rate to be charged on loans under this Subchapter 
shall be set in each priority review period at the lesser of four 
percent per annum or one half the prevailing national market rate 
as derived from the Bond Buyer's 20-Bond Index in accordance 
with G.S. 159G-4(c). 

History Note: A uthority^ G. S 1 59G-5: 159G-15: 
Temporaiy Adoption Eff. January 31, 1998: 
Eff April I, 1999. 

.0802 REPAYMENT OF PRINCIPAL AND INTEREST 

(a) The debt instrument setting the terms and conditions of 
repayment of loans under this Subchapter shall be established 
after the receipt of bids. Adjustments to the loan may be made 
only under Rule .0703 of this Subchapter 

(b) The maximum maturity on any construction loan shall not 
exceed 20 years. 

(c) The maximum maturity on any project planning loan shall 
not exceed 5 years. 

(d) Interest on the debt instrument shall begin to accrue on the 
original date that a project's contracts are scheduled to be 
completed. Extensions of this deadline are not allowed. 

(e) All principal payments shall be made annually on or 
before Ma> 1 or November 1 . The first principal payment is due 
not earlier than six months after the date of completion of the 
project. 

Ci) All interest payments shall be made semiannually on or 
before Mav 1 and November 1 of each vear The first interest 



SECTION .0400 - AMBIENT AIR 
QUALITY STANDARDS 

.0405 OZONE 

The ambient air quality standard for ozone measured by a 
reference method based on Appendix D of 40 CFR Part 50 and 
designated according to 40 CFR Part 53 is 0.08 parts per million 
(ppm). daily maximum 8-hour average. The standard is attained 
at an ambient air quality monitoring site when the average of the 
annual fourth-highest daily maximum 8-hour average ozone 
concentration is less than or equal to 0.08 parts per million 
(ppm) as determined by Appendix 1 of 40 CFR Part 50, or 
equivalent methods established under 40 CFR Part 53. 

Histor>'Note: Authority G.S. 143-21 5. 3ia}iU: 143- 

2 1 5. IIP (a)(3): 

Eff. Februaiy 1. 1976: 

Amended Eff. April L 1999: July 1, 1984: July 1. ^9: 

December 1,1976. 

SECTION .0500 - EMISSION CONTROL STANDARDS 

.0501 COMPLIANCE WITH EMISSION CONTROV 
STANDARDS 

(a) Purpose and Scope. The purpose of this Rule is to assure 
orderly compliance with emission control standards found in this 
Section. TTiis Rule shall apply to all air pollution sources, both 
combustion and non-combustion. 

(b) In determining compliance with emission control 



1283 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



13:16 



APPROVED RULES 



(B) 
(C) 

(D) 



(E) 



standards, means shall be provided by the owner to allow 
periodic sampling and measuring of emission rates, including 
necessary ports, scaffolding and power to operate sampling 
equipment; and upon the request of the Division of 
Environmental Management, data on rates of emissions shall be 
supplied by the owner. 

(c) Testing to determine compliance shall be in accordance 
with the following procedures, except as may be otherwise 
required in Rules .0524, .0606. .1110, or .1111 of this 
Subchapter. 

(1) Method 1 of Appendix A of 40 CFR Part 60 shall be 
used to select a suitable site and the appropriate 
number of test points for the following situations: 
(A) particulate testing, 

velocity and volume flow rate measurements, 

testing for acid mist or other pollutants which 

occur in liquid droplet form, 

any sampling for which velocity and volume 

flow rate measurements are necessary for 

computing final test results, and 

any sampling which involves a sampling 

method which specifies isokinetic sampling. 

(Isokinetic sampling is sampling in which the 

velocity of the gas at the point of entry into the 

sampling nozzle is equal to the velocity 

adjacent to the nozzle.) 

Method 1 shall be applied as written with the 

following clarifications: Testing installations with 

multiple breechings may be accomplished by testing 

the discharge stack(s) to which the multiple 

breechings exhaust. If the multiple breechings are 

individually tested, then Method 1 shall be applied to 

each breeching individually. The Director or his 

designee may approve a test when test ports in a duct 

are located less than two diameters downstream from 

any disturbance (fan, elbow, change in diameter, or 

any other physical feature that may disturb the gas 

flow) or one-half diameter upstream from any 

disturbance, if the tester demonstrates to the Director, 

or his designee, that locating test ports beyond these 

distances are impossible because the duct cannot be 

modified to meet the specifications of Method 1 or 

testing at an alternative location is not feasible. 

(2) Method 2 of Appendix A of 40 CFR Part 60 shall be 
applied as written and used concurrently with any test 
method in which velocity and volume flow rate 
measurements are required. 

(3 ) Sampling procedures for determining compliance with 
particulate emission control standards shall be in 
accordance with Method 5 of Appendix A of 40 CFR 
Part 60. Method 17 of Appendix A of 40 CFR Part 
60 may be used instead of Method 5 provided that the 
stack gas temperature does not exceed 320° F. The 
minimum time per test point for particulate testing 
shall be two minutes and the minimum time per test 
run shall be one hour. The sample gas drawn during 
each test run shall be at least 30 cubic feet. A number 
of sources are known to emit organic material (oil. 



pitch, plasticizers, etc.) which exist as finely divided 
liquid droplets at ambient conditions. These materials 
cannot be satisfactorily collected by means of the 
above Method 5. In these cases the Commission may 
require the use of Method 5 as proposed on August 
17, 1971. in the Federal Register, Volume 36, Number 
159. 
(4) The procedures for determining compliance with 
sulfur dioxide emission control standards for fuel 
burning sources may be either by determining sulfur 
content with fuel analysis or by stack sampling. 
Combustion sources choosing to demonstrate 
compliance through stack sampling shall follow 
procedures described in Method 6 of Appendix A of 
40 CFR Part 60. When Method 6 of Appendix A of 
40 CFR Part 60 is used to determine compliance, 
compliance shall be determined by averaging six 20- 
minute samples taken over such a period of time that 
no more than 20 minutes elapses between any two 
consecutive samples. If a source chooses to 
demonstrate compliance by analysis of sulfur in fuel, 
sampling, preparation, and analysis of fuels shall be in 
accordance with the following American Society of 
Testing and Materials (ASTM) methods: 
(A) coal: 

(i) Sampling. 

(1) Sampling Location. A source 
shall collect the coal from a 
location in the handling or 
processing system that provides a 
sample representative of the fuel 
bunkered or burned during a 
boiler operating day. For the 
purpose of this method, a fuel lot 
size is defined as the weight of 
coal bunkered or consumed 
during each boiler operating day. 
For reporting and calculation 
purposes, the gross sample shall 
be identified with the calendar 
day on which sampling began. 
The Director may approve 
alternate definitions of fuel sizes 
if the alternative will provide a 
more representative sample. 
(II) Sample Increment Collection. A 
source shall use a coal sampling 
procedure that meets the 
requirements of ASTM D 2234 
Type I, condition A. B. C and 
systematic spacing for collection 
of sample increments. All 
requirements and restrictions 
regarding increment distribution 
and sampling device constraints 
shall be observed. 
(Ill) Gross Samples. A source shall 
use ASTM D 2234, 7. 1 .2. Table 



13:16 



NORTH CAROLINA REGISTER Februan 15, 1999 



1284 



APPROVED RULES 



2 except as provided in 7.1.5.2 to 
determine the number and weight 
of increments (composite or 
gross samples). (8) 

(ii) Preparation. A source shall use ASTM 

D 2013 for sample preparation from a (9) 

composite or gross sample, 
(iii) Gross Caloric Value (GCV). A source 
shall use ASTM D 2015 or D 3286 to 
determine GCV on a dry basis from a 
composite or gross sample, 
(iv) Moisture Content. A source shall use 
ASTM D 3173 to determine moisture 
from a composite or gross sample, 
(v) Sulfur Content. A source shall use 
ASTM D 3177 or D 4239 to determine 
the percent sulfur on a dry basis from a 
composite or gross sample. 
(B) oil: 

(i) sampling— A sample shall be collected at 
the pipeline inlet to the fuel burning unit 
after sufficient fuel has been drained (10) 

from the line to remove all fuel that may 
have been standing in the line; 
(ii) heat of combustion (BTU)--ASTM 

Method D 240 or D 2015; (II) 

(iii) sulfur content--ASTM Method D 129 or 
D 1552. 
The sulfur content and BTU content of the fuel shall (12) 

be reported on a dry basis. When the test methods 
described in Parts (A) or (B) of this Subparagraph are 
used to demonstrate that the ambient air quality 
standards for sulfur dioxide are being protected, the 
sulfur content shall be determined at least once per 
year from a composite of at least three or 24 samples 
taken at equal time intervals from the fuel being 
burned over a three-hour or 24-hour period, 
respectively, whichever is the time period for which 
the ambient standard is most likely to be exceeded; 
this requirement shall not apply to sources that are 
only using fuel analysis in place of continuous 
monitoring to meet the requirements of Section .0600 
of this Subchapter. (13) 

(5) Sulfuric acid manufacturing plants and spodumene 
ore roasting plants shall demonstrate compliance with 
Rules .05 1 7 and .0527. respectively, of this Section by 
using Method 8 of Appendix A of 40 CFR Part 60. 
Compliance shall be determined by averaging 
emissions measured by three one-hour tests. 

(6) All industrial processes not covered under 
Subparagraph (5) of this Paragraph emitting sulfur 
dioxide shall demonstrate compliance b>' sampling 
procedures described in Method 6 of Appendix A of 
40 CFR Part 60. Compliance shall be determined by 
averaging six 20-minute samples taken over such a 
period of time that no more than 20 minutes elapses 
between any two consecutive samples. 

(7) Sampling procedures to demonstrate compliance with 



emission standards for nitrogen oxides shall be in 
accordance with the procedures set forth in Method 7 
of Appendix A of 40 CFR Part 60. 
Method 9 of Appendix A of 40 CFR 60 shall be used 
when opacit)' is determined by visual observation. 
Notwithstanding the stated applicability to new source 
performance standards or primary aluminum plants, 
the procedures to be used to determine fiuoride 
emissions are: 

(A) for sampling emissions from stacks. Method 
I3A or 13B of Appendix A of 40 CFR Part 60, 

(B) for sampling emissions from roof monitors not 
employing stacks or pollutant collection 
systems. Method 14 of Appendix A of 40 CFR 
Part 60. and 

(C) for sampling emissions from roof monitors not 
employing stacks but equipped with pollutant 
collection systems, the procedure under 40 
CFR 60.8(b), except that the Director of the 
Division of Environmental Management shall 
be substituted for the administrator. 

Emissions of total reduced sulfur shall be measured 
by the test procedure described in Method 16 of 
Appendix A of 40 CFR Part 60 or Method 16A of 
Appendix A of 40 CFR Part 60. 
Emissions of mercury shall be measured by the test 
procedure described in Method 101 or 102 of 
Appendix B of 40 CFR Part 6 1 . 
Each test (excluding fuel samples) shall consist of 
three repetitions or runs of the applicable test method. 
For the purpose of determining compliance with an 
applicable emission standard the average of results of 
all repetitions shall apply. In the event that a sample 
is accidentally lost or conditions occur in which one 
of the three runs must be discontinued because of 
forced shutdown, failure of an irreplaceable portion of 
the sample train, extreme meteorological conditions, 
or other circumstances, beyond the owner or 
operator's control, and there is no way to obtain 
another sample, then compliance may be determined 
using the arithmetic average of the results of the two 
other runs. 

In conjunction with performing certain test methods 
prescribed in this Rule, the determination of the 
fraction of carbon dioxide, oxygen, carbon monoxide 
and nitrogen in the gas being sampled is necessan, to 
determine the molecular weight of the gas being 
sampled. Collecting a sample for this purpose shall be 
done in accordance with Method 3 of Appendix A of 
40 CFR Part 60: 

(A) The grab sample technique ma_\ also be used 

with instruments such .as Bacharach F\rite 

(trade name) with the foilou ing restrictions: 

(i) Instruments such as the Bacharach 

Fyrite (trade name) ma\ only be used 

for the measurement of carbon dioxide. 

(ii) Repeated samples shall be taken during 

the emission test run to account for 



1285 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



variations in the carbon dioxide 
concentration. No less than four samples 
shall be taken during a one-hour test 
run. but as many as necessary' shall be 
taken to produce a reliable average, 
(iii) The total concentration of gases other 
than carbon dioxide, oxygen and 
nitrogen shall be less than one percent. 
(B) For fuel burning sources, concentrations of 
oxygen and nitrogen may be calculated from 
combustion relations for various fuels. 

(14) For those processes for which the allowable emission 
rate is determined by the production rate, provisions 
shall be made for controlling and measuring the 
production rate. The source shall ensure, within the 
limits of practicality, that the equipment or process 
being tested is operated at or near its maximum 
normal production rate or at a lesser rate if specified 
by the Director or his delegate. The individual 
conducting the emission test shall include with his test 
results, data which accurately represent the production 
rate during the test. 

(15) Emission rates for wood or fuel burning sources 
which are expressed in units of pounds per million 
BTU shall be detennined by the "Oxygen Based F 
Factor Procedure" described in 40 CFR Part 60, 
Appendix A, Method 19, Section 5. Other procedures 
described in Method 19 may be used if appropriate. 
To provide data of sufficient accuracy to use with the 
F-factor methods, an integrated (bag) sample shall be 
taken for the duration of each test run. In the case of 
simultaneous testing of multiple ducts, there shall be 
a separate bag for each sampling train. The bag 
sample shall be analyzed with an Orsat analyzer in 
accordance with Method 3 of Appendix A of 40 CFR 
Part 60. (The number of analyses and the tolerance 
between analyses are specified in Method 3.) The 
specifications indicated in Method 3 for the 
construction and operation of the bag sampling 
apparatus shall be followed. 

(16) Particulate testing on steam generators that utilize soot 
blowing as a routine means for cleaning heat transfer 
surfaces shall be conducted so that the contribution of 
the soot blowing is represented as follows: 

(A) If the soot blowing periods are expected to 
represent less than 50 percent of the total 
particulate emissions, one of the test runs shall 
include a soot blowing cycle. 

(B) If the soot blowing periods are expected to 
represent more than 50 percent of the total 
particulate emissions then two of the test runs 
shall each include a soot blowing cycle. 

Under no circumstances shall all three test runs 
include soot blowing. The average emission rate of 
particulate matter is calculated by the equation: 



E^S 



{A B) 
AR 



E, 



' R S BS ' 
R AR 



E^vG equals the average emission rate in 
pounds per million Btu for daily operating 
time. Eg equals the average emission rate in 
pounds per million Btu of sample(s) 
containing soot blowing. E^ equals the 
average emission rate in pounds per million 
Btu of sample(s) with no soot blowing. A 
equals hours of soot blowing during 
sample(s). B equals hours without soot 
blowing during sample(s) containing 
sootblowing. R equals average hours of 
operation per 24 hours. S equals average 
hours of soot blowing per 24 hours. If 
large changes in boiler load or stack flow 
rate occur during soot blowing, other 
methods of prorating the emission rate may 
be considered more appropriate; for these 
tests the Director or his designee may 
approve an alternate method of prorating. 

(17) Emissions of volatile organic compounds shall be 
measured by the appropriate test procedure in Section 
.0900 of this Subchapter. 

( 1 8) Upon prior approval by the Director or his delegate, 
test procedures different from those described in this 
Rule may be used if they will provide equivalent or 
more reliable results. Furthermore, the Director or his 
delegate may prescribe alternate test procedures on an 
individual basis when he considers that the action is 
necessary to secure reliable test data. In the case of 
sources for which no test method is named, the 
Director or his delegate may prescribe or approve 
methods on an individual basis. 

(d) All new sources shall be in compliance prior to beginning 
operations. 

(e) In addition to any control or manner of operation 
necessar>' to meet emission standards in this Section, any source 
of air pollution shall be operated with such control or in such 
manner that the source shall not cause the ambient air quality 
standards of Section .0400 of this Subchapter to be exceeded at 
any point beyond the premises on which the source is located. 
When controls more stringent than named in the applicable 
emission standards in this Section are required to prevent 
violation of the ambient air quality standards or are required to 
create an offset, the permit shall contain a condition requiring 
these controls. 

(f) The Bubble Concept. A facility with multiple emission 
sources or multiple facilities within the same area may choose to 
meet the total emission limitation for a given pollutant through 
a different mix of controls than that required by the rules in this 
Section or Section .0900 of this Subchapter. 

(I) In order for this mix of alternative controls to be 
pemiitted the Director shall determine that the 



13:16 



NORTH CAROLINA REGISTER 



Fehruan 15, 1999 



1286 



APPROVED RULES 



following conditions are met: 

(A) Sources to which Rules .0524, .0530. .0531. 
. 1 1 1 or . 1 1 1 1 of this Subchapter, the federal 
New Source Performance Standards (NSPS), 
the federal National Emission Standards for 
Hazardous Air Pollutants (NESHAPS), 
regulations established pursuant to Section 1 1 1 
(d) of the federal Clean Air Act, or state or 
federal Prevention of Significant Deterioration 
(PSD) requirements apply, shall have 
emissions no larger than if there were not an 
alternative mix of controls; 

(B) The facility (or facilities) is located in an 
attainment area or an unclassified area or in an 
area that has been demonstrated to be 
attainment by the statutory deadlines (with 
reasonable further progress toward attainment) 
for those pollutants being considered; 

(C) All of the emission sources affected by the 
alternative mix are in compliance with 
applicable regulations or are in compliance 
with established compliance agreements; and 

(D) The review of an application for the proposed 
mix of alternative controls and the enforcement 
of any resulting permit will not require 
expenditures on the part of the State in excess 
of five times that which would otherwise be 
required. 

(2) The owner(s) or operator(s) of the facility (facilities) 
shall demonstrate to the satisfaction of the Director 
that the alternative mix of controls is equivalent in 
total allowed emissions, reliability, enforceability, and 
environmental impact to the aggregate of the 
otherwise applicable individual emission standards; 
and 

(A) that the alternative mix approach does not 
interfere with attainment and maintenance of 
ambient air quality standards and does not 
interfere with the PSD program; this 
demonstration shall include modeled 
calculations of the amount, if any, of PSD 
increment consumed or created: 

(B) that the alternative mix approach conforms 
with reasonable further progress requirements 
in any nonattainment area; 

(C) that the emissions under the alternative mix 
approach are in fact quantifiable, and trades 
among them are even; 

(D) that the pollutants controlled under the 
alternative mix approach are of the same 
criteria pollutant categories, except that 
emissions of some criteria pollutants used in 
alternative emission control strategies are 
subject to the limitations as defined in 44 PR 
71784 (December 11, 1979). Subdivision 
D. l.c.ii. The Federal Register referenced in 
this Part is herebv incorporated by reference 
and does not include subsequent amendments 



or editions. 
The demonstrations of equivalence shall be performed 
with at least the same level of detail as The North 
Carolina State Implementation plan for Air Quality 
demonstration of attainment for the area in question. 
Moreover, if the facility involves another facility in 
the alternative strategy, it shall complete a modeling 
demonstration to ensure that air quality is protected. 
Demonstrations of equivalency shall also take into 
account differences in the level of reliability of the 
control measures or other uncertainties. 

(3) The emission rate limitations or control techniques of 
each source within the facility (facilities) subjected to 
the alternative mix of controls shall be specified in the 
facility's (facilities') permits(s). 

(4) Compliance schedules and enforcement actions shall 
not be affected because an application for an 
alternative mix of controls is being prepared or is 
being reviewed. 

(5) The Director may waive or reduce requirements in 
this Paragraph up to the extent allowed by the 
Emissions Trading Policy Statement published in the 
Federal Register of April 7, 1982, pages 
15076-15086, provided that the analysis required by 
Paragraph (g) of this Rule shall support any waiver or 
reduction of requirements. The Federal Register 
referenced in this Paragraph is hereby incorporated by 
reference and does not include subsequent 
amendments or editions. 

(g) In a permit application for an alternative mix of controls 
under Paragraph (f) of this Rule, the owner or operator of the 
facility shall demonstrate to the satisfaction of the Director that 
the proposal is equivalent to the existing requirements of the SIP 
in total allowed emissions, enforceability, reliability, and 
environmental impact. The Director shall provide for public 
notice with an opportunity for a request for public hearing 
following the procedures under 15A NCAC 20 .0300 or .0500, 
as applicable. If and when a permit containing these conditions 
is issued, it shall become a part of the state implementation plan 
(SIP) as an appendix available for inspection at the department's 
regional offices. Until the U.S. Environmental Protection 
Agency (EPA) approves the SIP revision embodying the permit 
containing an alternative mix of controls, the facility shall 
continue to meet the otherwise applicable existing SIP 
requirements. The revision shall be approved b\ EPA on the 
basis of the revision's consistency with EPA's "Policy for 
Alternative Emission Reduction Options Within State 
Implementation Plans" as promulgated in the Federal Register of 
December 11, 1989, pages 71780-71788, and subsequent 
rulings. 

(h) The referenced ASTM test methods in this Rule are 
hereby incorporated by reference and include SMbsequent 
amendments and editions. Copies of refeicnced ,\STM te?t 
methods or Federal Registers may be obtained fi'oni the Division 
of Environmental Management, P.O. Box 29535, Raleigh. North 
Carolina 27626-0535 at a cost often cents (SO. 10) per page. 

History Note: Temporary Amendment Eff. March S. 1994 for 



1287 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



13:16 



APPROVED RULES 



a period of 180 days or until the permanent rule is effective. 

whichever is sooner: 

Authority- G.S. 143-2l5.3(a/( I ): 143-215. 107(a)(5): 

Eft: February 1. 19^6: 

Amended Eff April L 1999: July 1. 1996: Februaiy 1. 1995: 

July 1. 1994: August 1. 1991. 

.0504 PARTICULATES FROM WOOD BURNING 
INDIRECT HEAT EXCHANGERS 

(a) For the purpose of this Rule the following definitions shall 
apply: 

(1) "Functionally dependent" means that structures, 
buildings or equipment are interconnected through 
common process streams, supply lines, flues, or 
stacks. 

(2) "Indirect heat exchanger" means any equipment used 



Maximum Heat Input In 
Million Btu/Hour 



for the alteration of the temperature of one fluid by 
the use of another fluid in which the two fluids are 
separated by an impervious surface such that there is 
no mixing of the two fluids. 
(3) "Plant site" means any single or collection of 
structures, buildings. facilities. equipment, 
installations, or operations which: 

(A) are located on one or more adjacent properties, 

(B) are under common legal control, and 

(C) are functionally dependent in their operations. 

(b) The definition contained in Subparagraph (a)(3) of this 
Rule does not affect the calculation of the allowable emission 
rate of any indirect heat exchanger permitted prior to April 1, 
1999. 

(c) Emissions of particulate matter from the combustion of 
wood shall not exceed: 

Allowable Emission Limit 
For Particulate Matter 
In Lb/Million Btu 



Up to and Including 10 
100 
1,000 
10,000 and Greater 



0.70 
0.41 
0.25 
0.15 



For a heat input between any two consecutive heat inputs stated 
in the preceding table, the allowable emissions of particulate 
matter shall be calculated b\ the equation E = 1 . 1 698 times Q to 
the -0.2230 power. E = allowable emission limit for particulate 
matter in lb/million Btu. Q = Maximum heat input in million 
Btu/hour. 

(d) This Rule applies to installations in which wood is burned 
for the primary purpose of producing heat or power by indirect 
heat transfer. 

(e) For the purpose of this Rule, the heat content of wood 
shall be 8,000 Btu per pound (dry-weight basis). The total of 
maximum heat inputs of all wood burning indirect heat 
exchangers at a plant site in operation, under construction, or 
with a permit shall be used to detennine the allowable emission 
limit of a wood burning indirect heat exchanger Wood burning 
indirect heat exchangers constructed or permitted after Februar> 
1, 1983, shall not change the allowable emission limit of any 
wood burning indirect heat exchanger whose allowable emission 
limit has previously been set. 

(0 The emission limit for fuel burning equipment that bums 
both wood and other fuels in combination or for wood and other 
fuel burning equipment that is operated such that emissions are 
measured on a combination basis shall be calculated by the 
procedure described in Paragraph (d) of Rule .0503 of this 
Section. 

History Note: .iuthority G.S. 143-215. 3(a)(1): 143- 

215. 107(a)(5): 

Eff. Februaiy 1. 1976: 

Amended Eff. April 1. 1999: June 1. 1'>H5: February 1, 1983. 

SECTION .0600 - AIR POLLUTANTS: MONITORING: 



REPORTING 

.0604 EXCEPTIONS TO MONITORING AND 
REPORTING REQUIREMENTS 

(a) Unless a specific rule specifies otherwise, the owner or 
operator of a source shall not be required to monitor during a 
period of monitoring system malfunction or report emissions 
during a period of monitoring system malfunction if the owner 
or operator of the source shows, to the satisfaction of the 
Director, that the malfunction was unavoidable, is being repaired 
as expeditiously as practicable, and no applicable requirements 
are violated. The owner or operator of the source shall provide 
the Director documentation of continuous monitoring system 
performance when system repairs or adjustments have been 
made if the Director requests proof Malfunctions of the 
monitoring system that result ft^om inadequate or poor operation 
and maintenance practices shall not be exempted. 

(b) The owner or operator of a source that operates less than 
30 days per 12-month period shall not be required to monitor 
emissions from that source. However, the owner or operator 
shall maintain records to document that the source is operated 
less than 30 days per 12-month period. 

(c) The owner or operator of a source exempted from needing 
a permit by 15A NCAC 20 .0102 shall not be required to 
monitor emissions from that source unless; 

(1) required by a specific rule of this Subchapter or 
Subchapter 20 of this Chapter, or 

(2) required as a part of an enforcement settlement. 
However, the owner or operator shall maintain records to 
document that the source qualifies for the permit exemption. 

HtslorvNote: Authority G.S. 143-215. 3(a)(i): 143-215.65: 



13:16 



NORTH CAROLINA REGISTER 



Fehruan- 15, 1999 



12HH 



APPROVED RULES 



143-215.66:143-215. 107(a)(4l: 

Efj. February 1. 1976: 

Amended Eff. Ami L 1999: July I. 1996: July 1. 1988: July 1, 

1984: June 18. 1976. 

.0605 GENERAL RECORDKEEPING AND 
REPORTING REQUIREMENTS 

(a) The owner or operator of a source subject to a requirement 
of this Subchapter or Subchapter 2Q of this Chapter shall 
maintain: 

( 1 ) records detailing all malfiinctions under Rule .0535 of 
this Subchapter, 

(2) records of all testing conducted under rules in this 
Subchapter, 

(3) records of all monitoring conducted under rules in this 
Subchapter or Subchapter 20 of this Chapter, 

(4) records detailing activities relating to any compliance 
schedule in this Subchapter, and 

(5) for unpermitted sources, records necessary to 
determine compliance with rules in this Subchapter or 
Subchapter 2Q of this Chapter . 

(b) The Director shall specify in the source's permit: 

( 1 ) the type of monitoring required and the frequency of 
the monitoring, 

(2) the ty pe of records to be maintained, and 

(3 ) the type of reports to be submitted and the frequency 
of submitting these reports, 

as necessary to detennine compliance with rules in this 
Subchapter or Subchapter 2Q of this Chapter or with an 
emission standard or permit condition. 

(c) If the Director has evidence that a source is violating an 
emission standard or permit condition, the Director may require 
that the owner or operator of any source subject to the 
requirements of this Subchapter or Subchapter 2Q of this 
Chapter submit to the Director any information necessary to 
determine the compliance status of the source. 

(d) The owner or operator of a source of excess emissions 
which last for more than four hours and which results from a 
malfunction, a breakdown of process or control equipment, or 
any other abnormal conditions shall report excess emissions in 
accordance with the requirements of Rule .0535 of this 
Subchapter. 

(e) Copies of all records and reports generated in response to 
the requirements of this Section shall be retained by the owner 
or operator for a period of two years after the date on which the 
record was made or the report submitted, except that the Director 
may extend the retention period in particular instances when 
necessar>' to comply with other State or federal requirements or 
when compliance with a particular standard requires 
documentation for more than two years. 

(f) All records and reports generated in response to the 
requirements of this Section shall be made available to personnel 
of the Division for inspection. 

(g) The owner or operator of a source subject to the 
requirements of this Section shall comply with the requirements 
of this Section at his own cost. 

HistoiyNole: Authority G.S. 143-215. 3ial( 1 ): 143-215-65: 



143-215.66: 143-215. 1078(a)l4>: 

Eff. February 1, 1976: 

Amended Eff. April 1. 1999: July 1. 1984: June 18, 1976. 

.0606 SOURCES COVERED BY APPENDIX P OF 40 
CFR PART 51 

(a) The following sources shall be monitored as described in 
Paragraph 2 of Appendix P of 40 CFR Part 51: 

( 1 ) fossil fuel-fired steam generators, 

(2) nitric acid plants, 

(3) sulfiiric acid plants, and 

(4) petroleum refineries. 

Sources covered by Rule .0524 of this Subchapter are exempt 
from this Rule. 

(b) The monitoring systems required under Paragraph (a) of 
this Rule shall meet the minimum specifications described in 
Paragraphs 3.3 through 3.8 of Appendix P of 40 CFR Part 5 1 . 

(c) The excess emissions recorded by the monitoring systems 
required to be installed under this Rule shall be reported no later 
than 30 days after the end of the quarter to the Division in the 
manner described in Paragraphs 4 and 5.1 through 5.3.3 of 
Appendix P of 40 CFR Part 51 except that a six-minute time 
period shall be deemed as an appropriate alternative opacity 
averaging period as described in Paragraph 4.2 of Appendix P of 
40 CFR Part 5 1 . TTie owner or operators of any sources subject 
to this Rule that are required to monitor emissions of sulfiir 
dioxide or nitrogen oxides under any other state or federal rule 
with continuous emission monitoring systems shall monitor 
compliance with the sulfur dioxide emission standard in Rule 
.0516 of this Subchapter and the nitrogen oxide emission 
standard in Rule .05 19 or Section .1400 of this Subchapter with 
a continuous emission monitoring system. Compliance with 
sulfur dioxide and nitrogen oxide emission standards shall be 
determined by averaging hourly continuous emission monitoring 
system values over a 24-hour block period beginning at 
midnight. To compute the 24-hour block average, the average 
hourly values shall be summed, and the sum shall be divided by 
24. A minimum of four data points, equally spaced, is required 
to detennine a valid hour value unless the continuous emission 
monitoring system is installed to meet the provisions of 40 CFR 
Part 75. If a continuous emission monitoring system is installed 
to meet the provisions of 40 CFR Part 75, the minimum number 
of data points shall be determined by 40 CFR Part 75. 

(d) For emissions of sulfur dioxide, fijel analysis may be used 
in place of a continuous emissions monitoring system if the 
source is not required to monitor emissions of sulfur dioxide 
using a continuous emissions monitoring system under another 
state or federal rule. If fuel analysis is used as an alternative 
method to determine emissions of sulfur dioxide, the test 
methods described in Parts (c)(4)(A) and (B) of Rule .0501 of 
this Subchapter shall be used except that gross or composite 
samples, gross caloric value, moisture content, and sulTur 
content shall be determined per shipment. \\k sulfur dioxide 
emission rate shall also be determined using fuel analysis data. 
Sulfur retention credit shall be granted and used for computing 
sulfur dioxide emission rates if a source, on a case-b>-case basis, 
quantitatively and empiricalK demonstrates the sulfiir retention. 

(e) Wherever the language of the referenced portion of 



1289 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



Appendix P of 40 CFR Part 5 1 speaks of the "state" or "state 
plan", the requirements described therein shall apply to those 
sources to which the requirements pertain. 

(0 The owner or operator of the source shall conduct a daily 
zero and span check of the continuous opacity monitoring 
system following the manufacturer's recommendations and shall 
comply with the requirements of Rule .0613 of this Section. 

(g) The owner or operator of the source shall report to the 
Director no later than 30 days following the end of the quarter 
the following information: 

( 1 ) for fijel analysis per shipment: 

(A) the quantity and type of fuels burned, 

(B) the BTU value, 

(C) the sulfur content in percent by weight, and 

(D) the calculated sulfur dioxide emission rates 
expressed in the same units as the applicable 
standard. 

(2) for continuous monitoring of emissions: 

(A) the daily calculated sulfur dioxide and nitrogen 
oxide emission rates expressed in the same 
units as the applicable standard for each day, 
and 

(B) other information required under Appendix P 
of40CFRPart5l. 

(h) If emission testing for compliance with the sulfur dioxide 
emission standard is required, the testing shall be done according 
to 40 CFR Part 60, Appendix A, Method 6. 

(i) If emission testing for compliance with the nitrogen oxide 
emission standard is required, the testing shall be done according 
to 40 CFR Part 60, Appendix A, Method 7. 

Hisloiy Note: Authority G.S. 143-215 Jia)(l}: 143-215.65; 

143-215.66: 143-215. 107(a>l4): 

Eff. February 1. 1976: 

.Amended Ejf. April L 1999: May 1. 1985: July 1. 1983: 

December 1, 1976: June 18. 1976. 

.0608 OTHER LARGE COAL OR RESIDUAL OIL 
BURNERS 

(a) The owner or operator of any fuel burning unit shall 
determine sulfur dioxide emissions into the ambient air if the 
unit: 

(1) bums coal or residual oil; 

(2) is not required to monitor sulfur dioxide emissions by 
Rules .0524 or .0606 of this Subchapter. 

(3) has a total heat input of more than 250 million BTU 
per hour from coal and residual oil; and 

(4) has an annual average capacity factor greater than 30 
percent as determined from the three most recent 
calendar year reports to the Federal Power 
Commission or as otherwise demonstrated to the 
Director by the owner or operator. (If the unit has not 
been in existence for three calendar years, its three- 
calendar-year average capacity factor shall be 
determined by estimating its annual capacity factors 
for enough future years to allow a three-calendar-year 
average capacity factor to be computed. If this three- 
calendar-year average capacity factor exceeds 30 



percent, the unit shall be monitored. If this three- 
calendar-year average capacity factor does not exceed 
30 percent, the unit need not be monitored.) 

(b) Once the unit is being monitored in accordance with 
Paragraph (a) of this Rule, it shall continue to be monitored until 
its most recent three-calendar-year average capacity factor does 
not exceed 25 percent. Once the unit is not being monitored in 
accordance with Subparagraph (a) of this Rule, it need not be 
monitored until its most recent three-calendar-year average 
capacity factor exceeds 35 percent. 

(c) If units required to be monitored have a common exhaust 
or if units required to be monitored have a common exhaust with 
units not required to be monitored, then the common exhaust 
may be monitored, and the sulfur dioxide emissions need not be 
apportioned among the units with the common exhaust. 

(d) The owner or operator of the source shall detennine sulfur 
dioxide emissions by: 

(1) an instrument for continuous monitoring and 
recording of sulfur dioxide emissions, or 

(2) analyses of representative samples of fuels to 
determine BTU value and percent sulfur content. 

(e) The owner or operators of any sources subject to this Rule 
that are required to monitor emissions of sulfur dioxide under 
any other state or federal rule with continuous emission 
monitoring systems shall monitor compliance with the sulfur 
dioxide emission standard in Rule .05 16 of this Subchapter with 
a continuous emission monitoring system. Compliance with 
sulfur dioxide emission standards shall be determined by 
averaging hourly continuous emission monitoring system values 
over a 24-hour block period beginning at midnight. To compute 
the 24-hour block average, the average hourly values shall be 
summed, and the sum shall be divided by 24. A minimum of 
four data points, equally spaced, is required to determine a valid 
hour value unless the continuous emission monitoring system is 
installed to meet the provisions of 40 CFR Part 75. If a 
continuous emission monitoring system is installed to meet the 
provisions of 40 CFR Part 75. the minimum number of data 
points shall be determined by 40 CFR Part 75. 

(f) For emissions of sulfur dioxide, fuel analysis may be used 
in place of a continuous emissions monitoring system if the 
source is not required to monitor emissions of sulfur dioxide 
using a continuous emissions monitoring system under another 
state or federal rule. If fuel analysis is used as an alternative 
method to detennine emissions of sulfur dioxide, then: 

(1) for coal, the test methods described in Rule 2D 
.0501(c)(4)(A) of this Subchapter shall be used except 
that gross or composite samples, gross caloric value, 
moisture content, and sulfur content shall be 
determined per shipment. The sulfur dioxide 
emission rate shall also be determined using fuel 
analysis data. Sulfur retention credit shall I .' granted 
and used for computing sulfur dioxide emission rates 
if a source, on a case-by-case basis, quantitatively and 
empirically demonstrates the sulfur retention. 

(2) for residual oil, the test methods described in Rule 
.0501(c)(4)(B) of this Subchapter shall be used except 
that sulfur content shall be detemiined per shipment. 
Residual oil shall be collected in accordance with 



13:16 



NORTH CAROLINA REGISTER 



Fehniarv 15, 1999 



1290 



APPROVED RULES 



ASTM D4177orD4057. 
(g) The owner or operator of the source shall report to the 
Director no later than 30 days following the end of the quarter 
the following information: 

( 1 ) for fuel analysis per shipment: 

(A) the quantity and type of fiiels burned, 

(B) the BTU value, 

(C) the sulfur content in percent by weight, and 

(D) the calculated sulfur dioxide emission rates 
expressed in the same units as the applicable 
standard. 

(2) for continuous monitoring of emissions: 

(A) the daily calculated sulfur dioxide emission 
rates expressed in the same units as the 
applicable standard for each day. and 

(B) other information required under Appendix P 
of40CFRPart51. 

(h) The owner or operator of the source shall conduct a daily 
zero and span check of the continuous emission monitoring 
system following the manufacturer's recommendations and shall 
comply with the requirements of Rule .0613 of this Section. 

(i) If emission testing for compliance with the sulfur dioxide 
emission standard is required, the testing shall be done according 
to 40 CFR Part 60, Appendix A, Method 6. 

History Note: Authority G.S. 143-21 5.3(a)(1): 143-215.65: 

143-215.66: 143-215. 107(a)(4): 

EJf.Jime 18. 1976: 

Amended Eff. April 1. 1999: July 1. 1996: July 1. 1988: July 1. 

1984. 

.0610 FEDERAL MONITORING REQUIREMENTS 

(a) The owner or operator of sources subject to monitoring, 
recordkeeping, or reporting requirements contained in: 

( 1 ) 40 CFR Part 60, New Source Performance Standards 
(NSPS); 

(2) 40 CFR Part 61, National Emission Standards for 
Hazardous Air Pollutants (NESHAP); 

(3) 40 CFR Part 63, Maximum Achievable Control 
Technology (MACT); or 

(4) 40 CFR Part 75, Acid Rain; 
shall comply with these requirements. 

(b) An air pollutant from sources covered under Paragraph (a) 
of this Rule for which monitoring is not required under 
Paragraph (a) of this Rule shall comply with the requirements 
covered in Rule .061 1 of this Section if the pollutant from this 
source is subject to an emission standard. 

(c) Sources that are not subject to any monitoring, 
recordkeeping, or reporting requirements contained in Paragraph 
(a) of this Rule shall comply with the requirements contained in 
Rule .0611 of this Section. 

History Note: Authority G.S. 143-21 5.3(a)(1): 143-215.65: 

143-215.66: 143-215. 107(a)(4): 

Eff. June 18. 1976: 

Amended Eff. April L 1999: July I. 1 984. 



SOURCES 

(a) This Rule applies to sources or air pollutants, including 
toxic air pollutants, fi"om sources that are not covered under Rule 
.0606, .0607, .0608, or .0610(a) of this Section. 

(b) The owner or operator of a source shall maintain records 
of production rates, throughputs, material usage, and other 
process operational information as is necessary to determine 
compliance with the facility's pennit and all applicable 
requirements. The Director shall specify in the facility's permit 
according to Rule .0605 of this Section the types of records that 
the owner or operator shall maintain. 

(c) If the Director finds that the records maintained under 
Paragraph (b) of this Rule are inadequate to determine 
compliance with the facility's permit and all applicable 
requirements, the Director may require the owner or operator to 
use monitoring instruments. If the Director determines that 
monitoring instruments are necessary to demonstrate compliance 
with rules in this Subchapter or Subchapter 2Q of this Chapter 
or with an emission standard or permit condition, the owner or 
operator of a source shall: 

( 1 ) install, calibrate, operate, and maintain, in accordance 
with applicable performance specifications in 40 CFR 
Part 60 Appendix B, process and control equipment 
monitoring instruments or procedures as necessary to 
demonstrate compliance with the emission standards 
of this Subchapter and Subchapter 2Q of this Chapter; 

(2) comply with the requirements of Rule .0613 of this 
Section; and 

(3) maintain, in writing, data and reports of any 
monitoring instruments or procedures necessary to 
comply with Subparagraph ( 1 ) of this Paragraph that 
will document the compliance status of the sources or 
control equipment. 

(d) If the Director determines that monitoring instruments are 
necessary to demonstrate good operation and maintenance, the 
owner or operator of a source shall: 

( 1 ) install, calibrate, operate, and maintain, in accordance 
with applicable performance specifications in 40 CFR 
Part 60 Appendix B, process and control equipment 
monitoring instruments or procedures as necessary to 
demonstrate good operation and maintenance; 

(2) comply with the requirements of Rule .0613 of this 
Section unless otherwise specified in any other 
applicable rule including 40 CFR Part 75 and 40 CFR 
60.13. The Director may find that compliance with 
the quality assurance provisions of 40 CFR Part 51, 
Appendix P, is adequate to assure the quality of the 
data; and 

(3) maintain, in writing, data and reports of an\ 
monitoring instruments or procedures necessary to 
comply with Subparagraph ( 1 ) of this Paragraph that 
will document that good operation and maintenance is 
being achieved. 

History Note: Authority G.S. 143-2 15.3(a)(1): 143-215.65: 
143-215.66: 143-215. 107(a)(4): 
Eff. April 1, 1999. 



.0611 



MONITORING EMISSIONS FROM OTHER 



1291 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



13:16 



APPROVED RULES 



.0612 ALTERNATIVE MONITORING AND 
REPORTING PROCEDURES 

(a) With the exceptions in Paragraph (b) of this Rule, the 
owner or operator of a source may petition the Director to allow 
monitoring or data reporting procedures varying from those 
prescribed by a rule of Subchapter 2D or 20 of this Chapter. 
When petitioning for alternative monitoring or data reporting 
procedures, the owner or operator shall follow the procedures of 
Paragraph (c) of this Rule. 

(b) This Rule does not apply to monitoring or reporting 
requirements of 40 CFR Part 60, 61, 63, or 75. 

(c) When petitioning to use alternative monitoring or data 
reporting procedures in place of those procedures in .0606, 
.0607, .0608 of this Section or in Section .0900, .1200. .1400 of 
this Subchapter, the owner or operator of the source shall submit 
a written petition to the Director that shall include: 

( 1 ) the name and address of the company and the name 
and telephone number of a principal executive officer 
specified in 15A NCAC 2Q .0304(j) or responsible 
official specified in 1 5 A NCAC 2Q .0520 over whose 
signature the petition is submitted; 

(2) a description of the sources at the facility to which the 
petition applies; 

(3) identification of the rule or rules for which the 
alternative is sought; 

(4) the basis or reason that alternative monitoring and 
reporting procedure is more desirable than those 
prescribed b>' the rule; 

(5) a proposal of alternative monitoring and reporting 
procedure; 

(6) a demonstration that the alternative procedure is at 
least as accurate as that prescribed by the rule; 

(7) a showing that one or more of the following 
conditions exist: 

(A) a continuous monitoring system or other device 
prescribed by the rule would not provide 
accurate determinations of emissions; 

(B) the emissions from two or more sources of 
significantly different design and operating 
characteristics are combined before release to 
the atmosphere or the emissions are released to 
the atmosphere through more than one point; 

(C) the requirements prescribed by the rule would 
impose an extreme economic burden on the 
source owner or operator (The determination of 
an extreme economic burden shall be made on 
the basis of whether meeting the requirements 
prescribed by the rule would produce serious 
hardship without equal or greater benefit to the 
public); 

(D) the monitoring systems prescribed by the rule 
cannot be installed because of physical 
limitations at the facility (The determination of 
such limitations shall be made on the basis of 
whether meeting the requirements prescribed 
by this Rule would necessitate significant 
reconstruction of the facility); or 

(E) the alternative monitoring or reporting 



procedure is more accurate and precise than 

that prescribed by the rule; 
(8) any other information that the petitioner believes 
would be helpful to the Director in evaluating the 
application. 

(d) The Director may require the petitioner to submit other 
information that the Director considers necessary to evaluate the 
proposed monitoring or reporting procedures. 

(e) The Director may approve the petition for alternative 
monitoring and reporting procedures if: 

( 1 ) The petition is submitted in accordance with this Rule 
and contains all the information required by Paragraph 
(c) of this Rule; 

(2) The Director finds the petition satisfies the showing 
required by Subparagraph (c)(7) of this Rule; 

(3) The Director finds that the proposed alternative 
monitoring or data reporting procedures provide 
information of sufficient quality to determine with 
reasonable certainty the amount of emissions or the 
adequacy of the emission control device or practice 
such that the compliance status of the source can be 
determined by reviewing this information; and 

(4) The facility is in compliance with, or under a schedule 
for compliance with, all applicable air quality rules. 

(0 When monitoring or reporting requirements differ from 
those specified in the appropriate rule in this Subchapter or 
Subchapter 20 of this Chapter are approved by the Director, the 
permit shall contain a condition stating such monitoring or 
reporting requirements. 

HistoiyNote: Authorin- G.S. 143-215. 3(a)(l ): 143-215.65: 
143-215.66: 143-215. 10:'lal(4): 
Eff. .4phl 1. 1999. 

.0613 QUALITY ASSURANCE PROGRAM 

(a) Any person required to operate a monitoring device by 
this Subchapter or Subchapter 20 of this Chapter shall develop 
and implement a quality assurance program for the monitoring 
device. 

(b) The Director may require the owner or operator of a 
facility required to operate a monitoring device by this 
Subchapter or Subchapter 2Q of this Chapter to submit a quality 
assurance program if: 

(1) The maximum actual emission rate is more than 75 
percent of the applicable emission standard; 

(2) The facility has violated an emission standard or a 
permit condition; or 

(3) The facility has failed to obtain quality assured data. 
The quality assurance program shall be submitted to the Director 
within 60 days upon receipt of request. 

(c) Except for gaseous continuous emission monitoring 
systems, the quality assurance program required by Paragraph 
(a) or (b) of this Rule shall include, if applicable: 

( 1 ) procedures and frequencies for calibration, 

(2) standards traceability, 

(3) operational checks, 

(4) maintenance, 

(5) auditine. 



13:16 



NORTH CAROLINA REGISTER 



Fehruan- 15, 1999 



1292 



APPROVED RULES 



(6) data validation, and 

(7) a schedule for implementing the quality assurance 
program. 

Continuous opacity monitoring systems may satisfy the 
requirements of Paragraph (a) of this Rule by complying with 40 
CFR Part 5 1 , Appendix M, Method 203, as proposed in 57 FR 
46114. Except for opacity monitors and gaseous continuous 
emission monitoring systems, a manufacturer's recommended 
quality assurance procedure may be used as a qualify assurance 
program if it provides an adequate quality assurance program. 

(d) Owner or operators that operate continuous emission 
monitoring systems for a gaseous pollutant may satisfy- the 
requirements of Paragraphs (a) or (b) of this Rule by developing 
and implementing a written qualify assurance program 
containing information required by 40 CFR Part 60, Appendix 
F, Section 3, Qualify Assurance Procedures. 

(e) The owner or operator of a facilify shall certify all opacify 
and gaseous continuous emission monitoring systems following 
applicable performance specifications in 40 CFR Part 60, 
Appendix B, within 60 days of monitor installation unless 
otherwise specified in permit or any other applicable rules. The 
owner or operator of a facilify' required to install an opacify' or 
gaseous continuous emission monitoring systems shall notify the 
Director at least 60 days before installation unless otherwise 
specified in permit or in 40 CFR Part 60, 61. 63. or 75. The 
notification shall include plans or schematic diagrams of the 
proposed monitor location. 

(f) Quality assurance programs for ambient monitors shall 
comply with the requirements in 40 CFR Part 58. 

(g) A qualitN' assurance program shall be available on-site for 
inspection within 30 days of monitor certification. 

(h) The Director shall approve the qualify assurance program 
within 30 days of submittal if he finds that the quality assurance 
program will assure that the precision and accuracy of the data 
for the pollutants being measured are within the design limits of 
the instruments being used. If the Director finds that the 
proposed quality assurance program does not meet the 
requirements of this Paragraph he shall notify the owner or 
operator of the facility of any deficiencies in the proposed 
qualify assurance program. The owner or operator shall have 30 
days after receiving written notification from the Director to 
correct the deficiencies. 

History Note: Authority G.S. N3-2 15.3(a)(1): 143-215.65: 
143-215.66: 143-2 15. 107(a)(4): 
Eff. .April 1. 1999. 

.0614 COMPLIANCE ASSURANCE MONITORING 

(a) General Applicability. With the exception of Paragraph 
(b) of this Rule, the requirements of this part shall apply to a 
pollutant-specific emissions unit at a facilify required to obtain 
permit under 15A NCAC 2Q .0500 if the unit satisfies all of the 
following criteria: 

(I) The unit is subject to an emission limitation or 
standard for the applicable regulated air pollutant (or 
a surrogate thereof), other than an emission limitation 
or standard that is exempt under Subparagraph (b)( 1 ) 
of this Rule; 



(2) The unit uses a control device to achieve compliance 
with any such emission limitation or standard; and 

(3) The unit has potential pre-control device emissions of 
the applicable regulated air pollutant that are equal to 
or greater than 1 00 tons per year. For purposes of this 
Subparagraph, "potential pre-control device 
emissions" means the same as "potential to emit." as 
defined in 1 5 A NCAC 2Q .0103, except that emission 
reductions achieved by the applicable control device 
shall not be taken into account. 

(b) Exemptions. 

(1) Exempt emission limitations or standards. The 
requirements of this Rule shall not apply to any of the 
following emission limitations or standards: 

(A) emission limitations or standards proposed by 
the Administrator of the Environmental 
Protection Agency after November 15, 1990 
pursuant to section 111 or 11 2 of the federal 
Clean Air Act; 

(B) stratospheric ozone protection requirements 
under title VI of the federal Clean Air Act; 

(C) Acid Rain Program requirements pursuant to 
sections 404, 405, 406, 407(a), 407(b), or 410 
of the federal Clean Air Act; 

(D) emission limitations or standards or other 
applicable requirements that apply solely under 
an emissions trading program approved under 
the rules of this Subchapter and Subchapter 
1 5 A NCAC 2Q and that are incorporated in a 
permit issued under I5A NCAC 2Q .0500; 

(E) an emissions cap that is approved under the 
rules of this Subchapter and Subchapter 15A 
NCAC 2Q and incorporated in a permit issued 
under I5A NCAC 2Q .0500; 

(F) emission limitations or standards for which a 
permit issued under 15A NCAC 20 .0500 
specifies a continuous compliance 
determination method, as defined in 40 CFR 
64.1. (This exemption shall not apply if the 
applicable compliance method includes an 
assumed control device emission reduction 
factor that could be affected by the actual 
operation and maintenance of the control 
device (such as a surface coating line 
controlled by an incinerator for which 
continuous compliance is determined by 
calculating emissions on the basis of coating 
records and an assumed control device 
efficiency factor based on an initial 
performance test: in tin., c:\dmple, this 
exemption would apply to the control device 
and capture system, but not to the remaining 
elements of the coating line, such as raw 
material usage). 

(2) Exemption for backup utilify power emissions units. 
The requirements of this Rule shall not appK to a 
utility unit, as defined in 40 CFR 72.2. that is 
municipally-owned if the owner or operator provides 



1293 



NORTH CAROLIN.4 REGISTER 



Februan' 15, 1999 



13:16 



APPROVED RULES 



documentation in a permit application submitted 
under 1 5 A NCAC 20 .0500 that: 

(A) The utility unit is exempt from all monitoring 
requirements in 40 CFR Part 75 (including the 
appendices thereto); 

(B) The utility unit is operated for the sole purpose 
of providing electricity during periods of peak 
electrical demand or emergency situations and 
will be operated consistent with that purpose 
throughout the permit term. The owner or 
operator shall provide historical operating data 
and relevant contractual obligations to 
document that this criterion is satisfied; and 

(C) The actual emissions from the utility unit, 
based on the average annual emissions over the 
last three calendar years of operation (or such 
shorter time period that is available for units 
with fewer than three years of operation) are 
less than 50 tons per year and are expected to 
remain so. 

(c) For the purposes of this Rule, the definitions in 40 CFR 
64.1 shall apply with the following exceptions: 

(1) "Applicable requirement" and "regulated air 
pollutant" shall have the same definition as in 15A 
NCAC 20 .0103. 

(2) "Part 70 or 71 permit application" means an 
application (including any supplement to a previously 
submitted application) submitted by the owner or 
operator to obtain a permit under 15A NCAC 20 
.0500. 

(3) "Part 70 or 71 permit" means a permit issued under 
15A NCAC 20 .0500. 

(4) "Permitting authority" means the Division of Air 
Ouality. 

(d) The owner or operator subject to the requirements of this 
rule shall comply with these requirements: 

( 1 ) 40 CFR 64.3. Monitoring Design Criteria, 

(2) 40 CFR 64.4, Submittal Requirements, 

(3) 40 CFR 64.5, Deadlines for Submittals, 

(4) 40 CFR 64.7, Operation of Approved Monitoring, and 

(5) 40 CFR 64.9. Reporting and Recordkeeping 
Requirements 

(e) The Division shall follow the procedures and requirements 
in 40 CFR Part 64.6, Approval of Monitoring, in reviewing and 
approving or disapproving monitoring plans and programs 
submitted under this Rule. 

(f) Based on the result of a determination made under 40 CFR 
64.7(d)(2), the Director may require the owner or operator to 
develop and implement a quality improvement plan. If a qualit> 
improvement plan is required, the quality improvement plan 
shall be developed and implemented according to the procedures 
and requirements of 40 CFR 64.8. Ouality Improvement Plan 
(OIP) Requirements. 

(g) Nothing in this Rule shall: 

( 1 ) excuse the owner or operator of a source from 
compliance with any existing emission limitation or 
standard, or any existing monitoring, testing, reporting 
or recordkeeping requirement that may apply under 



federal, state, or local law, or any other applicable 
requirements. The requirements of this Rule shall not 
be used to justify the approval of monitoring less 
stringent than the monitoring that is required under 
another Rule in this Subchapter or Subchapter 15A 
NCAC 20 or Title 40 of the CFR and are not 
intended to establish minimum requirements for the 
purpose of determining the monitoring to be imposed 
under another Rule in this Subchapter or Subchapter 
1 5 A NCAC 20 or Title 40 of the CFR. The purpose 
of this Rule is to require, as part of the issuance of a 
permit under I5A NCAC 20 0500. improved or new 
monitoring at those emissions units where monitoring 
requirements do not exist or are inadequate to meet 
the requirements of this Rule; 

(2) restrict or abrogate the authority of the Division to 
impose additional or more stringent monitoring, 
recordkeeping, testing, or reporting requirements on 
any owner or operator of a source under any provision 
of this Subchapter or Subchapter 1 5 A NCAC 20 or 
the General Statutes; 

(3) restrict or abrogate the authority of the Division to 
take any enforcement action for any violation of an 
applicable requirement; or 

(4) restrict the authority of the Administrator of the 
Environmental Protection Agency or of any person to 
take action under Section 304 of the federal Clean Air 
Act as stated under 40 CFR 64. ! 0. 

Histoiy Note: Authority C.S. 145-215 J(a)(3): 143-215.65: 
143-215.66: 143-215. 107(a)(4): 
Eft: April 1. 1999. 

SECTION .1100 - CONTROL OF TOXIC 
AIR POLLUTANTS 

.1105 FACILITY REPORTING, RECORDKEEPING 

The Director may require, according to Section .0600 of this 
Subchapter, the owner or operator of a source subject to this 
Section to monitor emissions of toxic air pollutants, to maintain 
records of these emissions, and to report these emissions. The 
owner or operator of any toxic air pollutant emission source 
subject to the requirements of this Section shall comply with the 
monitoring, recordkeeping, and reporting requirements in 
Section .0600 of this Subchapter 

History Note: Authority- G.S. 143-2 15. 3(a)( 1): 143- 

215. I07(a)(4>.(5l: 143B-2H2: 

Eff.Muy 1. 1990: 

Amended Eff. April L 1999: (Jctoher !. 1991. 

SECTION .1200 - CONTROL OF EMISSIONS 
FROM INCINERATORS 

.1202 DEFINITIONS 

For the purposes of this Section, the following definitions and 
those contained in 40 CFR 60, Subpart Ec, Standards of 
Performance for Hospital, Medical, and Infectious Waste 



13:16 



NORTH CAROLINA REGISTER 



Fehruarv 15, 1999 



1294 



APPROVED RULES 



Incinerators for Which Construction is Commenced after June 
20. 1996, shall apply: 

( 1 ) "Control efficiency" means the mass of a pollutant in 
the waste fed to an incinerator minus the mass of that 
pollutant in the exit gas from the incinerator stack 
divided by the mass of the pollutant in the waste fed 
to the incinerator. 

(2) "Crematory incinerator" means any incinerator located 
at a crematory regulated under 2 1 NCAC 34C that is 
used solely for the cremation of human remains. 

(3) "Construction and demolition waste" means wood, 
paper, and other combustible waste resulting from 
construction and demolition projects except for 
hazardous waste and asphaltic material. 

(4) "Dioxin and Furan" means tetra- through octa- 
chlorinated dibenzo-p-dioxins and dibenzofurans. 

(5) "Hazardous waste incinerator" means an incinerator 
regulated under 15A NCAC 13A .0001 through 
.0014, 40 CFR 264.340 to 264.351, Subpart O, or 
265.340 to 265.352, Subpart O. 

(6) "Hospital, medical and infectious waste incinerator 
(HMIWl)" means any device that combusts any 
amount of hospital, medical and infectious waste in 
which construction was commenced on or before June 
20, 1996, except: 

(a) any HMIWI required to have a permit under 
Section 3005 of the Solid Waste Disposal Act; 

(b) any pyrolysis unit: 

(c) any cement kiln firing hospital waste or 
medical and infectious waste; 

(d) any physical or operational change made to an 
existing HMIWI solely for the purpose of 
complying with the emission standards for 
HMIWIs in Rule .1205 of this Section. These 
physical or operational changes are not 
considered a modification and do not result in 
an existing HMIWI becoming subject to the 
provisions of 40 CFR Part 60, Subpart Ec; 

(e) any HMIWI during periods when only 
pathological waste, low-level radioactive 
waste, or chemotherapeutic waste is burned, 
provided that the owner or operator of the 
HMIWI: 

(i) notifies the Director of an exemption 

claim; and 
(ii) keeps records on a calendar quarter 
basis of the periods of time when only 
pathological waste, low-level 

radioactive waste, or chemotherapeutic 
waste is burned: or 

(f) any co-fired HMIWI, if the owner or operator 
of'lheco-fired HMIWI: 

(i) notifies the Director of an exemption 

claim; 
(ii) provides an estimate of the relative 
weight of hospital, medical and 
infectious waste, and other fuels or 
wastes to be combusted; and 



(iii) keeps records on a calendar quarter 
basis of the weight of hospital, medical 
and infectious waste combusted, and the 
weight of all other fuels and wastes 
combusted at the co-fired HMIWI. 

(7) "Large HMIWI" means: 

(a) Except as provided in Sub-item (b) of this 
Item: 

(i) a HMIWI whose maximum design 
waste burning capacity is more than 500 
pounds per hour; 

(ii) a continuous or intermittent HMIWI 
whose maximum charge rate is more 
than 500 pounds per hour; or 

(iii) a batch HMIWI whose maximum charge 
rate is more than 4,000 pounds per day. 

(b) The following are not large HMIWIs: 

(i) a continuous or intermittent HMIWI 
whose maximum charge rate is less than 
or equal to 500 pounds per hour; or 
(iii) a batch HMIWI whose maximum charge 
rate is less than or equal to 4,000 
pounds per day. 

(8) "Hospital waste" means discards generated at a 
hospital, except unused items returned to the 
manufacturer. The definition of hospital waste does 
not include human corpses, remains, and anatomical 
parts that are intended for interment or cremation. 

(9) "Large municipal waste combustor plant" means a 
municipal waste combustor plnnt v-ith a municipal 
waste combustor aggregate plant capacity that is 
greater than 250 tons per day of municipal solid 
waste. 

(10) "Medical and Infectious waste" means any waste 
generated in the diagnosis, treatment, or immunization 
of human beings or animals, in research pertaining 
thereto, or in the production or testing of biologicals 
that is listed in Sub-items (a)(i) through (vii) of this 
Item. 

(a) The definition of medical and infectious waste 
includes: 

(i) cultures and stocks of infectious agents 
and associated biologicals, including: 

(A) cultures from medical and 
pathological laboratories; 

(B) cultures and stocks of infectious 
agents from research and 
industrial laboratories; 

(C) wastes from the production of 
biologicals; 

(D) discarded li\e and attenuated 
vaccines- -mtl 

(E) culture disl:cs and dc\!ces used 
to transfer, inoculate, and mix 
cultures; 

(ii) human pathological waste, including 
tissues, organs, and bod\ parts and bod\ 
fluids that are removed durinu suraerN 



1295 



NORTH CAROLINA REGISTER 



Fehruarv 15, 1999 



13:16 



APPROVED RULES 



or autopsy, or other medical procedures, 
and specimens of body fluids and their 
containers; 
(iii) human blood and blood products 
including: 

(A) liquid waste human blood; 

(B) products of blood; 

(C) items saturated or dripping with 
human blood; or 

(D) items that were saturated or 
dripping with human blood that 
are now caked with dried human 

blood including serum, plasma, (11) 

and other blood components, and 
their containers, which were used 
or intended for use in either 
patient care, testing and 
laboratory analysis or the 
development of pharmaceuticals. 
Intravenous bags are also 
included in this category; 
(iv) sharps that have been used in animal or 
human patient care or treatment or in 
medical, research, or industrial 
laboratories, including hypodermic 
needles, syringes (with or without the 
attached needle), pasteur pipettes, 
scalpel blades, blood vials, needles with 
attached tubing, and culture dishes 
(regardless of presence of infectious 
agents). Also included are other types 
of broken or unbroken glassware that 
were in contact with infectious agents, 
such as used slides and cover slips; 
(v) animal waste including contaminated 
animal carcasses, body parts, and 
bedding of animals that were known to (12) 

have been exposed to infectious agents 
during research (including research in 
veterinary hospitals), production of (13) 

biologicals or testing of 

pharmaceuticals; 
(vi) isolation wastes including biological 
waste and discarded materials 
contaminated with blood, excretions. (14) 

exudates, or secretions from humans 
who are isolated to protect others from 
certain highly communicable diseases, 
or isolated animals known to be infected 
with highly communicable diseases; and 
(vii) unused sharps including the following (15) 

unused or discarded sharps; 

(A) hypodermic needles; (16) 

(B) suture needles; 

(C) syringes; and (17) 

(D) scalpel blades. 

(b) The definition of medical and infectious waste 
does not include: 



(i) hazardous waste identified or listed 

under 40 CFR Part 26 1; 
(ii) household waste, as defined in 40 CFR 

Part 26 1.4(b)(1); 
(iii) ash from incineration of medical and 

infectious waste, once the incineration 

process has been completed; 
(iv) human corpses, remains, and anatomical 

parts that are intended for interment or 

cremation; and 
(v) domestic sewage materials identified in 

40 CFR 261.4(a)(1). 
"Medium HMIWl" means: 

(a) Except as provided in Sub-item (b) of this 
Item: 

(i) a HMIWl whose maximum design 
waste burning capacity is more than 200 
pounds per hour but less than or equal to 
500 pounds per hour; 

(ii) a continuous or intermittent HMIWl 
whose maximum charge rate is more 
than 200 pounds per hour but less than 
or equal to 500 pounds per hour; or 

(iii) a batch HMIWl whose maximum charge 
rate is more than 1 ,600 pounds per day 
but less than or equal to 4,000 pounds 
per day. 

(b) The following are not medium HMIWIs: 

(i) a continuous or intermittent HMIWl 
whose maximum charge rate is less than 
or equal to 200 pounds per hour or more 
than 500 pounds per hour; or 
(ii) a batch HMIWl whose maximum charge 
rate is more than or equal to 4,000 
pounds per day or less than or equal to 
1 ,600 pounds per day. 
"Municipal waste combustor (MWC) or municipal 
waste combustor unit" means a municipal waste 
combustor as defined in 40 CFR 60.51b. 
"Municipal waste combustor plant" means one or 
more municipal waste combustor units at the same 
location for which construction, modification, or 
reconstruction commenced on or before September 
20, 1994. 

"Municipal waste combustor plant capacity" means 
the aggregate municipal waste combustor unit 
capacity of all municipal waste combustor units at a 
municipal waste combustor plant for which 
construction, modification, or reconstruction 
commenced on or before September 20. 1994. 
"Municipal-type solid waste (MSW)" means 
municipal-type solid waste defined in 40 CFR 60.5 1 b. 
"POTW" means a publicK owned treatment works as 
defined in 40 CFR 501.2' 

"Same Location" means the same or contiguous 
property that is under common ownership or control 
including properties that are separated only by a 
street, road, highway, or other public right-of-way. 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1296 



APPROVED RULES 



Common ownership or control includes properties 
that are owned, leased, or operated by the same entity, 
parent entity, subsidiary, subdivision, or any 
combination thereof including any municipality or 
other governmental unit, or any quasi-governmental 
authority (e.g., a public utility district or regional 
waste disposal authority). 

(18) "Sewage sludge incinerator" means any incinerator 
regulated under 40 CFR Part 503, Subpart E. 

(19) "Sludge incinerator" means any incinerator regulated 
under Rule .1110 of this Subchapter but not under 40 
CFR Part 503, Subpart E. 

(20) "Small HMIWl" means: 

(a) Except as provided in Sub-item (b) of this 
Item: 

(i) a HMIWl whose maximum design 
waste burning capacity is less than or 
equal to 200 pounds per hour: 

(ii) a continuous or intermittent HMIWl 
whose maximum charge rate is less than 
or equal to 200 pounds per hour: or 

(iii) a batch HMIWl whose maximum charge 
rate is less than or equal to 1,600 
pounds per day. 

(b) The following are not small HMIWIs: 

(i) a continuous or intermittent HMIWl 
whose maximum charge rate is more 
than 200 pounds per hour: or 

(ii) a batch HMIWl whose maximum charge 
rate is more than 1 ,600 pounds per da\. 

(21) "Small municipal waste combustor plant" means a 
municipal waste combustor plant with a municipal 
waste combustor plant capacity that is greater than 
38.8 tons per day but not more than 250 tons per day 
of municipal solid waste. 

(22) "Small remote HMlWI" means any small HMIWI 
which is located more than 50 miles from the 
boundary of the nearest Standard Metropolitan 
Statistical Area (SMSA) and which bums less than 
2,000 pounds per week of hospital, medical and 
infectious waste. The 2.000 pound per week 
limitation does not apply during performance tests. 

(23) "Standard Metropolitan Statistical Area (SMSA)" 
means any area listed in 0MB Bulletin No. 93-17, 
entitled "Revised Statistical Definitions for 
Metropolitan Areas" dated July 30, 1993. The 
referenced document cited by this Item is hereby 
incorporated by reference and does not include 
subsequent amendments or editions. A copy of this 
document may be obtained from the Division of Air 
Quality, RO. Box 29580, Raleigh, North Carolina 
27626-0580 at a cost often cents ($0.10) per page or 
may be obtained through the internet at 
"http://www.census.gov/population/estimates/metro- 
city/93mfips.txt". 

(24) "Total hydrocarbons" means the organic compounds 
in the stack exit gas from a sewage sludge incinerator 
measured using a flame ionization detection 



instrument referenced to propane. 

History Note: Authority- G.S. 143-213: 143-21 5. 3fa)(l): 
Eff. October 1, 1991: 

Amended Eff. Juh L 1999: July 1. 1998: July 1. 1996: April 1. 
1995: December 1, 1993. 

.1203 TEST METHODS AND PROCEDURES 

(a) The test methods and procedures described in Rule .0501 
of this Subchapter and in 40 CFR Part 60 Appendix A and 40 
CFR Part 61 Appendix B shall be used to determine compliance 
with emission rates. The test method for determining metals 
emissions from stationary combustion sources, commonly called 
Method 5 (interim), published by the U.S. Environmental 
Protection Agency on August 28, 1989, shall be used to 
determine emission rates for metals. Method 5 (interim) shall be 
used to sample for chromium(Vl), and SW 846 Method 0013 
shall be used for the analysis. 

(b) The Director may require the owner or operator to test his 
incinerator to demonstrate compliance with the emission 
standards in Rule .1205 of this Section. 

(c) For the emission standards in Rule .1205(b)(7)(A), 
(b)(7)(B), (f), and (g) of this Section, compliance shall be 
determined by averaging emissions over a one-hour period. 

(d) The owner or operator of a sewage sludge incinerator 
shall perform testing to determine pollutant control efficiencies 
of any pollution control equipment and obtain information on 
operational parameters, including combustion temperature, to be 
placed in an air quality permit. 

(e) The owner or operator of a municipal waste combustor at 
a small or large municipal waste combustor plant shall do 
performance testing in accordance with 40 CFR Part 60.58b. 
For municipal waste combustor at large municipal waste 
combustor plants that achieve a dioxin and furan emission level 
less than or equal to 15 nanograms per dr\ standard cubic meter 
total mass, corrected to seven percent oxygen, the performance 
testing shall be performed in accordance with the testing 
schedule specified in 40 CFR 60.58b(g)(5)(iii). For municipal 
waste combustor at small municipal waste combustor plants that 
achieve a dioxin and furan emission level less than or equal to 
30.0 nanograms per dry standard cubic meter total mass, 
corrected to seven percent oxygen, the performance testing shall 
be performed in accordance with the testing schedule specified 
in40CFR60.58b(g)(5)(iii). 

(f) Referenced document SW-846 "Test Methods for 
Evaluating Solid Waste", Third Edition, cited by this Rule is 
hereby incorporated by reference and does not include 
subsequent amendments or editions. A copy of this document is 
available for inspection at the North Carolina Department of 
Environment and Natural Resources Li'oran located at ,"^12 
North Salisbury Street. Raleigh, NC 27603. Copies of this 
document may be obtained through the US Go^ ernment Printing 
Office, Superintendent of Documents, P.O. Box 371951. 
Pittsburgh, PA 15250-7954, or by calling (202) 783-3238. The 
cost of this document is three hundred nineteen dollars 
($319.00). Referenced document Method 5 (interim) cited by 
this Rule is hereby incorporated by reference and includes 
subsequent amendments and editions. A cop\ of this document 



1297 



NORTH CAROLINA REGISTER 



Fehruaiy 15, 1999 



13:16 



APPROVED RULES 



is available for inspection at any Division of Air Qualitv 
Regional Office (names and addresses listed in Rule .0103 of 
this Subchapter). Copies of this document may be obtained from 
the Division at the cost of twenty cents ($0.20) per page. 

History Note: Authority- G.S. 143-215. 3(a)(1): 143- 

215.107(a)(5): 

Eff. October 1. 1991: 

.AmendedEff.Mv 1. 1999: July 1. 1998: .April 1. 1995. 

.1204 REPORTING AND RECORDKEEPING 

(a) The owner or operator of an incinerator subject to the 
requirements of this Section shall comply with the monitoring, 
recordkeeping, and reporting requirements in Section .0600 of 
this Subchapter. 

(b) The owner or operator of an incinerator, except an 
incinerator meeting the requirements of 15A NCAC 2D 
.1201(c)(4), shall maintain and operate a continuous temperature 
monitoring and recording device for the primary chamber and, 
where there is a secondary chamber, for the secondary chamber. 
The Director may require a temperature monitoring device for 
incinerators meeting the requirements of 15A NCAC 2D 
.1201(c)(4). The owner or operator of an incinerator that has 
installed air pollution abatement equipment to reduce emissions 
of hvdrogen chloride shall install, operate, and maintain 
continuous monitoring equipment to measure pH for wet 
scrubber systems and rate of alkaline injection for dry scrubber 
systems. The Director shall require the owner or operator of an 
incinerator with a permitted charge rate of 750 pounds per hour 
or more to install, operate, and maintain continuous monitors for 
oxygen or for carbon monoxide or both as necessan. to 
determine proper operation of the incinerator. The Director may 
require the owner or operator of an incinerator with a permitted 
charge rate of less than 750 pounds per hour to install, operate, 
and maintain monitors for oxygen or for carbon monoxide or 
both as necessary to determine proper operation of the 
incinerator. 

(c) In addition to the requirements of Paragraphs (a) and (b) 
of this Rule, the owner or operator of a sewage sludge 
incinerator shall; 

(1) install, operate, and maintain, for each incinerator, 
continuous emission monitors to determine the 
following: 

(A) total hydrocarbon concentration of the 
incinerator stack exit gas in accordance with 40 
CFR 503.45(a) unless the requirements for 
continuously monitoring carbon monoxide as 
provided in 40 CFR 503.40(c) are satisfied; 

(B) oxygen concentration of the incinerator stack 
exit gas: and 

(C) moisture content of the incinerator stack exit 
gas; 

(2) monitor the concentrations of beryllium and mercury 
from the sludge fed to the incinerator at least as 
frequently as required under Rule .1110 of this 
Subchapter but in no case less than once per year; 

(3) monitor the concentrations of arsenic, cadmium, 
chromium, lead, and nickel in the sewage sludge fed 



to the incinerator at least as frequently as required 
under 40 CFR 503.46(a)(2) and (3): 

(4) determine mercury emissions by use of Method 101 or 
101 A of 40 CFR Part 61, Appendix B, where 
applicable to 40 CFR 61 .55(a); 

(5) maintain records of all material required under Rule 
.1203 and .1204 of this Section in accordance with 40 
CFR 503.47; and 

(6) for class I sludge management facilities (as defined in 
40 CFR 503.9)^ POTWs (as defined in 40 CFR 501 .2) 
with a design flow rate equal to or greater than one 
million gallons per day, and POTWs that serve a 
population of 10,000 people or greater, submit the 
information recorded in Subparagraph (c)(4) of this 
Rule to the Director on or before February 19 of each 
year. 

(d) In addition to the requirements of Paragraphs (a) and (b) 
of this Rule, the oyvner or operator of a small or large municipal 
waste combustor plant shall: 

(1) install, operate, and maintain, for each municipal 
waste combustor. continuous emission monitors to 
determine the following: 

(A) opacity in accordance with 40 CFR 60.58b(c). 

(B) sulfur dioxide in accordance with 40 CFR 
60.58b(e). 

(C) nitrogen dioxide in accordance with 40 CFR 
60,58b(h). (This requirement applies only to 
large municipal yvaste combustor plants). 

(2) maintain records of the information listed in 40 CFR 
60.59b. Paragraphs ( d)(l) through (d)( 15) for a period 
of at least five years. 

(3) following the initial compliance tests as required 
under Rule .1203 of this Section, submit the 
information specified in 40 CFR 60.59b, Paragraphs 
(f)(1) through (f)(6). in the initial performance test 
report. 

(4) folloyving the first year of municipal combustor 
operation, submit an annual report including the 
information specified in 40 CFR 60.59b. Paragraphs 
(g)(1) through (g)(4). as applicable, no later than 
February I of each year following the calendar year in 
which the data were collected. Once the unit is 
subject to permitting requirements under 15A NCAC 
20. 0500. Title V Procedures, the oyvner or operator 
of an affected facility must submit these reports 
semiannually. 

(5) submit a semiannual report that includes information 
specified in 40 CFR 60.59b. Paragraphs (h)(1) 
through (h)(5). for any recorded pollutant or 
parameter that does not comply w ith the pollutant or 
parameter limit specified in this Section, according to 
the schedule specified in 40 CFR 60.59b(h)(6). 

(e) In addition to the requirements of Paragraphs (a) and (b) 
of this Rule, the owner or operator of a HMIWI shall comply 
with the recording and recordkeeping requirements listed in 40 
CFR 60.58c(b),(c),(d),(e), and (f), excluding 40 CFR 
60.58c(b)(2)(ii) and (b)(7). 

(f) In addition to the requirements of Paragraphs (a), (b), and 



13:16 



NORTH CAROLINA REGISTER 



February IS, 1999 



1298 



APPROVED RULES 



(e) of this Rule, the owner or operator of a small remote HMIWl 
shall: 



( 1 ) maintain records of the annual equipment inspections, 
any required maintenance, and any repairs not 
completed within 10 days of an inspection; 

(2) submit an annual report containing information 
recorded in Subparagraph ( 1 ) of this Paragraph to the 
Director no later than 60 days following the year in 
which data were collected. Subsequent reports shall 
be sent no later than 12 calendar months following the 
previous report. The report shall be signed by the 
HMIWI manager; and 

(3) submit the reports required by Subparagraphs ( 1 ) and 
(2) of this Paragraph to the Director semiannually 
once the HMIWI is subject to the permitting 
procedures of 15A NCAC 20 .0500, Title V 
Procedures. 

(g) Waste Management Guidelines. The owner or operator of 
a HMIWI shall comply with the requirements of 40 CFR Part 
60.55c for the preparation and submittal of a waste management 
plan. 

(h) Except as provided in Paragraph (i) of this Rule, the 
owner or operator of any HMIWI shall comply with the 
monitoring requirements in 40 CFR Part 60.57c. 

(i) The owner or operator of any small remote HMIWI shall: 

(1) install, calibrate, maintain, and operate a device for 
measuring and recording the temperature of the 
secondary chamber on a continuous basis, the output 
of which shall be recorded, at a minimum, once every 
minute throughout operation. 

(2) install, calibrate, maintain, and operate a device which 
automatically measures and records the date, time, and 
weight of each charge fed into the HMIWI. 

(3) obtain monitoring data at all times during HMIWI 
operation except during periods of monitoring 
equipment malfunction, calibration, or repair. At a 
minimum, valid monitoring data shall be obtained for 



:ent oi tne operating hours per day and for 90 
; of the operating hours per calendar quarter 
: HMIWI is combustine hosnital. medical and 



75 percent of the operating 1 

percent of the operating hours per cais 

that the HMIWI is combusting hospital, medical and 

infectious waste. 



History Note: Authority 
215.107(a)(4).(5): 
Eff. October /, 1991: 
Amended Eff. July L !999: 
1995: December I. 1993. 



G.S. 143-215. 3la)(l): 143- 



Jiily 1. 1998: July 1, 1996: April 1, 



.1205 EMISSION STANDARDS 

(a) The emission standards in this Rule apply to all 
incinerators except where Rule .0524, . 1 1 1 0, or . 1 1 1 1 of this 
Subchapter applies except that Subparagraphs (p)(2) and (4) of 
this Rule shall control in any event. 

(b) Particulate matter. 

(1) Hazardous waste incinerators shall meet the 
particulate matter requirements of 40 CFR 264.343(c). 

(2) The emissions of particulate matter from each 
municipal waste combustor located at a small 
municipal waste combustor plant shall not exceed 70 
milligrams per dry standard cubic meter, corrected to 
seven percent oxygen. 

(3) The emissions of particulate matter from each 
municipal waste combustor located at a large 
municipal waste combustor plant shall not exceed 27 
milligrams per dry standard cubic meter corrected to 
seven percent oxygen. 

(4) Conical incinerators covered by Rule .0523 of this 
Subchapter shall comply with that Rule instead of this 
Paragraph. 

(5) The emissions of particulate matter from a HMIWI 
shall not exceed: 



Incinerator Size 


Allowable Emission Rate (mg/dscm) 




[corrected to se\en percent ox\gen] 


Small 


115 


Medium 


69 


Large 


34 



(6) The emissions of particulate matter from any small remote HMIWI shall not exceed 197 milligrams per dr> standard cubic 
meter, corrected to seven percent oxygen. 

(7) Any incinerators not covered under Subparagraphs ( 1 ) through (6) of this Paragraph shall comply w il!i one of the following 
emission standards for particulate matter: 

(A) The emission of particulate matter from any stack or chimnev of an incinerator shall not exceed: 



1299 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



Refuse Charge (lb/hour) 


Allowable Emission Rate (lb/hour) 


Oto 100 


0.2 


200 


0.4 


500 


1.0 


1.000 


2.0 


2,000 and Above 


4.0 



For a refuse charge between any two 
consecutive rates stated in the preceding table, 
the allowable emissions rate for particulate 
matter shall be calculated by the equation 
E=0.002P. E=allowable emission rate for 
particulate matter in lb/hour. P=refuse charge 
in lb/hour. 
(B) Instead of meeting the standards in Part (7)(A) 
of this Paragraph, the owner or operator of an 
incinerator may choose to limit particulate 
emissions from the incinerator to 0.08 grains 
per dry standard cubic foot corrected to 12 
percent carbon dioxide. In order to choose this 
option, the owner or operator of the incinerator 
shall demonstrate that the particulate ambient 
air quality standards will not be violated. To 
correct to 12 percent carbon dioxide, the 
measured concentration of particulate matter is 
multiplied by 12 and divided b\ the measured 
percent carbon dioxide. 

(c) Sulfur dioxide. 

( 1 ) The emissions of sulfur dioxide from each municipal 
waste combustor located at a small municipal waste 
combustor plant shall be reduced by at least 50 
percent by weight or volume or to no more than 80 
parts per million by volume corrected to seven percent 
oxygen (dry basis), whichever is less stringent. 
Compliance with this emission limit is based on a 24- 
hour daily geometric mean. 

(2 ) The emissions of sulfur dioxide from each municipal 
waste combustor located at a large municipal waste 
combustor plant shall be reduced by at least 75 
percent by weight or volume or to no more than 3 1 
parts per million by volume corrected to seven percent 
oxygen (dr}' basis), whichever is less stringent. 
Compliance with this emission limit is based on a 24- 
hour dail> geometric mean. 

(3) The emissions of sulfur dioxide from any HMIWI 
shall not exceed 55 parts per million corrected to 
seven percent oxygen (dry basis). 

(4) Any incinerator not covered under Subparagraphs ( 1 ) 
through (3) of this Paragraph shall compK with Rule 
.05 1 6 of this Subchapter. 

(d) Visible emissions. 

(1) The emission limit of opacity from each municipal 



waste combustor located at a small or large municipal 
waste combustor plant shall not exceed 10 percent (6- 
minute average). 

(2) Air curtain incinerators shall comply with Rule . 1 904 
of this Subchapter. 

(3 ) On and after the date on which the initial performance 
test is completed, the owner or operator of any 
HMIWI shall not cause to be discharged into the 
atmosphere from the stack of the HMIWI any gases 
that exhibit greater than 10 percent opacity (6-minute 
block average). 

(4) Any incinerator not covered under Paragraphs (1) 
through (3) of this Paragraph shall comply with Rule 
.0521 of this Subchapter, 

(e) Odorous emissions. Incinerators shall comply with Rule 
.0522 of this Subchapter. 

(f) Hydrogen chloride. 

( 1 ) The emissions of hydrogen chloride from each 
municipal waste combustor at small municipal waste 
combustor plants shall be reduced by at least 50 
percent by weight or volume or to no more than 250 
parts per million by volume corrected to seven percent 
oxygen (dry basis), whichever is less stringent. 

(2) The emissions of hydrogen chloride from each 
municipal waste combustor at large municipal waste 
combustor plants shall be reduced by at least 95 
percent by weight or volume or to no more than 3 1 
parts per million by volume, corrected to seven 
percent oxygen (dry basis), whichever is less 
stringent. 

(3) Hazardous waste incinerators shall meet the hydrogen 
chloride emissions requirements of 40 CFR 
264.343(b). 

(4) The emissions of hydrogen chloride from an> small, 
medium, or large HMIWI shall be reduced by at least 
93 percent by weight or volume or to no more than 
100 parts per million by volume corrected to seven 
percent oxygen (dry basis), whichever is less 
stringent. 

(5) The emissions of hydrogen chloride from any small 
remote HMIWI shall not exceed 3100 parts per 
million by volume corrected to seven percent oxygen 
(dr\ basis). 

(6) Emissions of hydrogen chloride from all other 
incinerators shall not exceed four pounds per hour 



13:16 



NORTH CAROLINA REGISTER 



February 15. 1999 



1300 



APPROVED RULES 



unless it is reduced by at least 90 percent by weight or 
to no more than 50 parts per million by volume 
corrected to seven percent oxygen (dry basis), 
(g) Mercury emissions. 

(1) Emissions of mercury from each municipal waste 
combustor at a small or large municipal waste 
combustor plant shall be reduced by at least 85 
percent by weight or shall not exceed 0.08 milligrams 
per dry standard cubic meter, corrected to seven 
percent oxygen, whichever is less stringent. 

(2) Emissions of mercury from sludge incinerators and 
sewage sludge incinerators are regulated under 15A 
NCAC2D.1110. 

(3) Emissions of mercury from any small, medium, or 
large HMIWI shall be reduced by at least 85 percent 
by weight or shall not exceed 0.55 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen, whichever is less stringent. 

(4) Emissions of mercury from any small remote HMIWI 
shall not exceed 7.5 milligrams per dry standard cubic 
meter, corrected to seven percent oxygen. 

(5) Emissions of mercury and mercury compounds from 
the stack or chimney of a hazardous waste incinerator 
or any other type incinerator not identified in 
Subparagraphs (g)( 1 ) through (g)(4) of this Paragraph 
shall not exceed 0.032 pounds per hour. 

(h) Beryllium Emissions. Beryllium emissions from sludge 
incinerators and sewage sludge incinerators shall comply with 
1 5 A NC AC . 1 1 1 of this Subchapter. 

(i) Lead Emissions. 

(1) Emissions of lead from each municipal waste 
combustor at a small municipal waste combustor plant 
shall not exceed 1 .6 milligrams per dry standard cubic 
meter, corrected to seven percent oxygen. 

(2) Emissions of lead from each municipal waste 
combustor at a large municipal waste combustor plant 
shall not exceed 0.49 milligrams per dry standard 
cubic meter, corrected to seven percent oxygen. 

(3) The daily concentration of lead in sewage sludge fed 
to a sewage sludge incinerator shall meet the 
requirements specified in 40 CFR 503.43(c). 

(4) Emissions of lead from any small, medium, or large 
HMIWI shall be reduced by at least 70 percent by 
weight or shall not exceed 1.2 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen, whichever is less stringent. 

(5) Emissions of lead from any small remote HMIWI 
shall not exceed 10 milligrams per dry standard cubic 
meter, corrected to seven percent oxygen. 

(j) Cadmium Emissions. 

(1) Emissions of cadmium from each municipal waste 
combustor at a small municipal waste combustor plant 
shall not exceed 0.10 milligrams per dry standard 
cubic meter, corrected to seven percent oxygen. 

(2) Emissions of cadmium from each municipal waste 
combustor at a large municipal waste combustor plant 
shall not exceed 0.040 milligrams per dry standard 
cubic meter, corrected to seven percent oxygen. 



(3) Emissions of cadmium from any small, medium, or 
large HMIWI shall be reduced by at least 65 percent 
by weight or shall not exceed 0. 1 6 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen, whichever is less stringent. 

(4) Emissions of cadmium from any small remote 
HMIWI shall not exceed 4 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen. 

(k) Other Metal Emissions. The daily concentration of 
arsenic, cadmium, chromium, and nickel in sewage sludge fed to 
a sewage sludge incinerator shall meet the requirements 
specified in 40 CFR 503.43(d). 

(I) The owner or operator of an incinerator shall demonstrate 
compliance with Section .1 100 of this Subchapter in accordance 
with 15ANCAC2Q.0700. 

(m) Dioxins and Furans. 

(1) The emissions of dioxins and furans from each 
municipal waste combustor located at a small 
municipal waste combustor plant shall not exceed 125 
nanograms per dry standard cubic meter (total mass) 
corrected to seven percent oxygen. 

(2) The emissions of dioxins and furans from each 
municipal waste combustor located at a large 
municipal waste combustor plant shall not exceed: 

(A) 60 nanograms per dry standard cubic meter 
(total mass) corrected to seven percent oxygen 
for facilities that employ an electrostatic 
precipitator-based emission confrol system, or 

(B) 30 nanograms per dry standard cubic meter 
(total mass) corrected to seven percent oxygen 
for facilities that do not employ an electrostatic 
precipitator-based emission control system. 

(3) The emissions of dioxins and furans from any small, 
medium, or large HMIWI shall not exceed 125 
nanograms per dry standard cubic meter total dioxins 
and furans, corrected to seven percent oxygen or 2.3 
nanograms per dry standard cubic meter (toxic 
equivalency), corrected to seven percent oxygen. 

(4) The emissions of dioxins and furans from any small 
remote HMIWI shall not exceed 800 nanograms per 
dry standard cubic meter total dioxins and furans. 
corrected to seven percent oxygen or 1 5 nanograms 
per dry standard cubic meter (toxic equi\'alency). 
corrected to seven percent oxygen. 

(n) Nitrogen oxide. 

( 1 ) The emissions of nitrogen oxide from each municipal 
waste combustor located at a large municipal waste 
combustor plant shall not exceed the emission limits 
in Table 1 of Paragraph (d) of 40 CFR 60.33b. 
Nitrogen oxide emissions averaging is allowed as 
specified in Paragraphs (d)( 1 )(i) through ((!)( 1 )(\) of 
40 CFR 60.33b. Nitrogen oxide emissions contjol is 
not required for municipal waste combustors located 
at small municipal waste combustor plants. 

(2) The emissions of nifrogen oxides from any HMIWI 
shall not exceed 250 parts per million by volume 
corrected to seven percent oxygen (dry basis). 



1301 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



(o) Fugitive ash. 

( 1 ) On or after the date on which the initial performance 
test is completed, no owner or operator of a 
municipal waste combustor located at a small or large 
municipal waste combustor plant shall cause to be 
discharged to the atmosphere visible emissions of 
combustion ash from an ash conveying system 
(including conveyor transfer points) in excess of five 
percent of the observation period (i.e.. nine minutes 
per three-hour period), as determined by EPA 
Reference Method 22 observations as specified in 40 
CFR 60.58b(k). except as provided in Subparagraphs 
(2) and (3) of this Paragraph. 

(2) The emission limit specified in Subparagraph ( 1 ) of 
this Paragraph covers visible emissions discharged to 
the atmosphere from buildings or enclosures, not the 
visible emissions discharged inside of the buildings or 
enclosures, of ash conveying s\'stems. 

(3) The provisions specified in Subparagraph ( 1 ) of this 
Paragraph do not apply during maintenance and repair 
of ash conveying systems. 

(p) Ambient standards. 

(1) In addition to the ambient air quality standards in 
Section .0400 of this Subchapter, the following 
ambient air quality standards, which are an annual 
average, in milligrams per cubic meter at 77° F (25° 
C) and 29.92 inches (760 mm) of mercur\ pressure 
shall appN aggregately to all incinerators at a facility: 

(A) arsenic and compounds2. 3x10"^ 

(B) ber> Ilium and compounds4.1xl0''' 

(C) cadmium and compoundsS. 5x10" 

(D) chromium(Vl) and compounds8.3xl0"* 

(2) When Subparagraph ( 1 ) of this Paragraph and either 
Rule .0524, .1110, or .1111 of this Subchapter 
regulate the same pollutant, the more restrictive 
provision for each pollutant shall apply, 
notwithstanding provisions of Rule .0524. .1110, or 
.1111 of this Subchapter to the contrary. 

(3) The owner or operator of a facility with incinerators 
shall demonstrate compliance with the ambient 
standards in Parts (1)(A) through (D) of this 
Paragraph by following the procedures set out in Rule 
.1 106 of this Subchapter. Modeling demonstrations 
shall comply with the requirements of Rule .0533 of 
this Subchapter. 

(4) The emission rates computed or used under 
Subparagraph (3) of this Paragraph that demonstrate 
compliance with the ambient standards under 
Subparagraph (1) of this Paragraph shall be placed in 
the permit for the facility with incinerators as their 
allowable emission limits unless Rule .0524. .1 1 10 or 
.1111 of this Subchapter requires more restrictive 
rates. 

(q) Carbon Monoxide. The emissions of carbon monoxide 
from any HMIWI shall not exceed 40 parts per million by 
volume, corrected to seven percent oxygen (dry basis). 

Hislon- Note: Aitthorit\' G.S. 143-215. 3(a)(l ): 143- 



215. 107(a>(3). (41.(5): 

Effi October I. 1991: 

Amended Eff. Mx L 1999: July 1. 

1995. 



199H: July 1. 1996: April 1 . 



.1206 OPERATIONAL STANDARDS 

(a) The operational standards in this Rule do not apply to 
incinerators where operational standards in Rule .0524. .1110, 
or .1 1 1 1 of this Subchapter apply. 

(b) Hazardous waste incinerators. Hazardous waste 
incinerators shall comply with 15A NCAC 13A .0001 through 
.0014, which are administered and enforced by the Division of 
Waste Management. 

(c) Hospital, Medical and Infectious Waste Incinerators. Each 
small remote HMIWI shall have an initial equipment inspection 
by July 1, 2000, and an annual inspection each year thereafter. 

(1) At a minimum, the inspection shall include all the 
elements listed in 40 CFR 60.36e(a)(l)(i) through 
(xvii). 

(2) Any necessary repairs found during the inspection 
shall be completed within 10 operating days of the 
inspection unless the owner or operator submits a 
written request to the Director for an extension of the 
1 operating day period. The Director shall grant the 
extension if: 

(A) the owner or operator of the small remote 
HMIWI demonstrates that achieving 
compliance b\ the time allowed under this 
Subparagraph is not feasible, and 

(B) the Director does not extend the time allowed 
for compliance by more than 30 days following 
the receipt of the written request. 

(d) The owner or operator of any HMIWI, except small 
remote HMIWI, subject to this Section shall comply with the 
compliance and performance testing requirements of 40 CFR 
Part 60.56c, excluding the fugitive emissions testing 
requirements under 60.56c(b)( 12) and (c)(3). 

(e) The owner or operator of any small remote HMIWI shall 
comply the following compliance and performance testing 
requirements: 

( 1 ) conduct the performance testing requirements in 40 
CFR 60.56c(a). (b)( 1 ) through (b)(9), (b)( 1 1 )(mercurv' 
only), and (c)(1). The 2,000 pound per week 
limitation does not appK during performance tests; 

(2) establish maximum charge rate and minimum 
secondary chamber temperature as site-specific 
operating parameters during the initial performance 
test to determine compliance w ith applicable emission 
limits; and 

(3) follo\\ing the date on which the initial performance 
test is completed, ensure that the HMIWI does not 
operate above the maximum charge rate or below the 
minimum secondarv chamber temperature measured 
as three hour rolling averages, calculated each hour as 
the average of all previous three operating hours, at all 
times except during periods of start-up. shut-down and 
malfunction. Operating parameter limits do not apply 
during performance tests. Operation above the 



13:16 



NOR TH CAROLINA REGISTER Februan 15,1 999 



1302 



APPROVED RULES 



maximum charge rate or below the minimum 
secondary chamber temperature shall constitute a 
violation of the established operating parameters. 

(f) Except as provided in Paragraph (g) of this Rule, operation 
of the HMIWI above the maximum charge rate and below the 
minimum secondary temperature, each measured on a three hour 
rolling average, simultaneously shall constitute a violation of the 
PM, CO, and dioxin and furan emission limits. 

(g) The owner or operator of a HMIWI may conduct a repeat 
performance test within 30 days of violation of applicable 
operating parameters to demonstrate that the HMIWI is not in 
violation of the applicable emission limits. Repeat performance 
tests conducted pursuant to this Paragraph must be conducted 
using the identical operating parameters that indicated a violation 
under Paragraph (f) of this Rule. 

(h) Municipal waste combustor plants. Each municipal waste 
combustor located at a small or large municipal waste combustor 
plant shall meet the following operational standards: 

(1) The concentration of carbon monoxide at the 
combustor outlet shall not exceed the concentration in 
Table 3 of Paragraph (a) of 40 CFR 60.34b. The 
combustor technology named in this table is defined 
in 40 CFR 60.51b. 

(2) The load level shall not exceed 110 percent of the 
maximum demonstrated municipal waste combustor 
unit load, except as specified in Paragraphs (b)( 1 ) and 
(b)(2) of 40 CFR 60.53b. The maximum 
demonstrated municipal waste combustor unit load is 
defined in 40 CFR 60.51b and the averaging time is 
specified under 40 CFR 60.58b(i). 

(3) The temperature at which the combustor operates, 
measured at the particulate matter control device inlet, 
shall not exceed 63 degrees F above the maximum 
demonstrated particulate matter control device 
temperature, except as specified in Paragraphs (c)( I ) 
and (c)(2) of 40 CFR 60.53b. The maximum 
demonstrated particulate matter control device 
temperature is defined in 40 CFR 60.51b and the 
averaging time is specified under 40 CFR 60.58b(i). 

(i) Sludge incinerators. The combustion temperature in a 
sludge incinerator shall not be less than 1200 degrees F. The 
maximum oxygen content of the exit gas from a sludge 
incinerator stack shall be: 

(1) 12 percent (dry basis) for a multiple hearth sludge 
incinerator, 

(2) seven percent (dry basis) for a fluidized bed sludge 
incinerator, 

(3) nine percent (dry basis) for an electric sludge 
incinerator, and 

(4) 12 percent (dry basis) for a rotary kiln sludge 
incinerator. 

(j) Sewage sludge incinerators. 

( 1 ) The maximum combustion temperature for a sewage 
sludge incinerator shall be placed in the permit and 
based on information obtained during the performance 
test of the sewage sludge incinerator to determine 
pollutant control efficiencies. 

(2) The values for the operational parameters for the 



sewage sludge incinerator air pollution control 

device(s) shall be placed in the permit and be based on 

information obtained during the performance test of 

the sewage sludge incinerator to determine pollutant 

control efficiencies. 

(3) The monthly average concentration for total 

hydrocarbons, or carbon monoxide as provided in 40 

CFR 503.40(c), in the exit gas from a sewage sludge 

incinerator stack, corrected to zero percent moisture 

and seven percent oxygen as specified in 40 CFR 

503.44, shall not exceed 100 parts per million on a 

volumetric basis using the continuous emission 

monitor required in Subparagraph .1204(c)(1) of this 

Subchapter. 

(k) Crematory incinerators. Gases generated by the 

combustion shall be subjected to a minimum temperature of 

1 600 degrees F for a period of not less than one second. 

(1) Other incinerators. All incinerators not covered under 
Paragraphs (a) through (k) of this Rule shall meet the following 
requirement: Gases generated by the combustion shall be 
subjected to a minimum temperature of 1800 degrees F for a 
period of not less than one second. The temperature of 1800 
degrees F shall be maintained at least 55 minutes out of each 60- 
minute period, but at no time shall the temperature go below 
1 600 degrees F. 

(m) Except during start-up where the procedure has been 
approved in accordance with Rule .0535(g) of this Subchapter, 
waste material shall not be loaded into any incinerators covered 
under Paragraphs (h), (k), or (I) of this Rule when the 
temperature is below the minimum required temperature. Start- 
up procedures may be determined on a case-by-case basis in 
accordance with Rule .0535(g) of this Subchapter. Incinerators 
covered under Paragraphs (h), (k), or (I) of this Rule shall have 
automatic auxiliary burners that are capable of maintaining the 
required minimum temperature in the secondary chamber 
excluding the heat content of the wastes. 

History Note: Authority G.S. 143-2 15.3(a)(1): 143- 

215.107(a)(5): 

Ejf. October I. 1991: 

Amended Eff. July I, 1999: July 1. 1998: July I 1996: April 1. 

1995: December 1. 1993. 

.1209 COMPLIANCE SCHEDULES 

(a) Except for any municipal waste combustor located at a 
small or large municipal waste combustor plant or any HMIWI, 
the owner or operator of any incinerator for which construction 
began after September 30. 1991, shall be in compliance with this 
Section or Rule .1110 of this Subchapter, whichever is 
applicable, before beginning operation. 

(b) Municipal Waste Combustors. 

(1) The owner or operator of a large nu.micipal waste 
combustor plant shall choose one of the following 
three compliance schedule options: 

(A) comply with all the requirements or close 
before August 1 , 2000: 

(B) comply with all the requirements after one year 
but before three years following the date of 



1303 



NORTH CAROLINA REGISTER 



Fehruan' 15, 1999 



13:16 



APPROVED RULES 



issuance of a revised construction and 

operation permit, if perniit modification is 

required, or after August 1, 2000 but before 

August 1. 2002, if a permit modification is not 

required. If this option is chosen, then the 

owner or operator of the facility shall submit to 

the Director measurable and enforceable 

incremental steps of progress towards 

compliance which include: 

(i) a date by which contracts for the 

emission control system or equipment 

shall be awarded or orders issued for 

purchase of component parts; 

(ii) a date by which on site construction, 

installation, or modification of emission 

control equipment shall begin: 

(iii) a date by which on site construction, 

installation, or modification of emission 

control equipment shall be completed: 

(iv) a date for initial startup of emissions 

control equipment: 
(v) a date for initial performance test(s) of 

emission control equipment; and 
(vi) a date by which the facility shall be in 
compliance with this Section, which 
shall be no later than three years from 
the issuance of the permit; or 
(C) close between August 1, 2000 and August 1, 
2002. If this option is chosen then the owner 
or operator of the facilit\ shall submit to the 
Director a closure agreement which includes 
the date of the plant closure. 

(2) The owner or operator of a small municipal waste 
combustor plant shall comply with all requirements, or 
close, within three years following the date of 
issuance of a revised construction and operation 
permit, if a permit modification is required, or by 
August 1, 2002, if a permit modification is not 
required. 

(3) All municipal waste combustors located within large 
municipal waste combustor plant for which 
construction, modification, or reconstruction 
commenced after June 26, 1987, but before September 
19, 1994, shall comply with the emission limit for 
mercury specified in Paragraph (g)( I ) of Rule .1205 
of this Section and the emission limit for dioxin and 
furan specified in Paragraph (m){2) of Rule .1205 of 
this Section within one Near following issuance of a 
revised construction and operation permit, if a permit 
modification is required, or by August I, 2000, 
whichever is later. 

(4) The owner or operator shall certify to the Director 
within five days after the deadline, for each increment 
of progress, whether the required increment of 
progress has been met. 

(c) Hospital, Medical, and Infectious Waste Incinerators. 
(1) Title V Application Date. All HMIWI's subject to 
these rules shall have submitted an application for a 



permit under the procedures of 15A NCAC 2Q .0500, 
Title V Procedures, by January 1, 2000. 

(2) Final Compliance Date. Except for those HMIWls 
described in Subparagraphs (3) and (4) of this 
Paragraph, all HMIWls subject to this Rule shall be in 
compliance with this Rule or close on or before July 
1,2000. 

(3) Installation of Air Pollution Control Equipment. Any 
HMI WI planning to install the necessary air pollution 
control equipment to comply with the emission 
standards in Rule .1205 of this Section shall be in 
compliance with Rule .1205 of this Section by 
September 15, 2002. if this option is chosen, then the 
owner or operator of the HMIWI shall submit to the 
Director measurable and enforceable incremental 
steps of progress towards compliance which include: 

(A) the submission of a petition for site specific 
operating parameters under 40 CFR 63.56c(i): 

(B) the obtaining of services of an architectural and 
engineering firm regarding the air pollution 
control device(s); 

(C) the obtaining of design drawings of the air 
pollution control device(s); 

(D) the ordering of air pollution control device(s); 

(E) the obtaining of the major components of the 
air pollution control device(s); 

(F) the initiation of site preparation for the 
installation of the air pollution control 
device(s); 

(G) the initiation of installation of the air pollution 
control device{s); 

(H) the initial startup of the air pollution control 

device(s): and 
(I) the initial compliance test(s) of the air pollution 
control device(s). 

(4) Petition for Extension of Final Compliance Date. 
(A) The owner or operator of an affected HMIWI 

may petition the Director for an extension of 

the compliance deadline of Subparagraph (2) 

of this Paragraph provided that the following 

information is submitted by January 1 , 2000, to 

allow the Director adequate time to grant or 

deny the extension by July 1 , 2000: 

(i) documentation of the analyses 

undertaken to support the need for an 

extension, including an explanation of 

why up to July 1, 2002 is sufficient time 

to comply with this Rule while JuK I, 

2000 is not sufficient. The 

documentation shall also include an 

evaluation of the option to transport the 

waste offsite to a commercial medical 

waste treatment and disposal facility on 

a temporary or permanent bases: and 

(ii) documentation of the measurable and 

enforceable incremental steps of 

progress listed in Subparagraph (3) of 

this Paragraph to be taken towards 



13:16 



NORTH CAROLINA REGISTER 



Februarv 15, 1999 



1304 



APPROVED RULES 



compliance with the emission standards 
in Rule .1205 of this Section. 

(B) The Director may grant the extension if all the 
requirements in Part (A) of this Subparagraph 
are met. 

(C) If the extension is granted, the HMIWI shall be 
in compMance with this Section by 
July 1,2002. 

History Note: Authority- G.S. 143-215. 3(a)fl); 143- 

215.W7(a)(4).(5): 

Eff. October 1. 1991: 

Amended Eff. Julv L ^999: July 1. 1998: April 1. 1995: 

December 1. 1993; March 2. 1992. 



compliance shall be determined using source testing in 
accordance with 40 CFR, Part 60, Appendix A, or any 
equivalent test method, approved by the Director. Where source 
testing is used to determine compliance with a RACT limitation 
established in accordance with this Section, testing shall be 
conducted at least annually in accordance with Rule .1415 of this 
Section. 

HistoiyNote Authority G.S. 143-21 5.3(a)(1): 143- 
215.107(a)(5): 
Eff. April 1. 1995: 
Amended Eff. April 1, 1999. 

SECTION .2000 - TRANSPORTATION CONFORMITY 



SECTION .1400 - NITROGEN OXIDES 

.1404 RECORDKEEPING: REPORTING: 
MONITORING 

(a) The owner or operator of any source subject to the 
requirements of this Section shall comply with the monitoring, 
recordkeeping and reporting requirements in Section .0600 of 
this Subchapter and shall maintain all records necessary for 
determining compliance with all applicable RACT limitations 
and standards of this Section for at least t1ve years after. 

(b) When requested by the Director, the owner or operator of 
any source subject to the requirements of this Section shall 
submit to the Director any information necessary to determine 
the compliance status of an affected source. 

(c) Within 30 days of becoming aware of an occurrence of 
excess emissions from a source subject to the requirements of 
this Section, the owner or operator shall notify the Director and 
provide the following information: 

( 1 ) the name and location of the facility; 

(2) the source that caused the excess emissions; 

(3) the time and date the excess emissions were 
discovered; 

(4) the cause and duration of the excess emissions; 

(5) for sources subject to a RACT limitation, the 
estimated rate of emissions and the data and 
calculations used to determine the magnitude of the 
excess emissions; and 

(6) the corrective actions and schedule proposed to 
correct the conditions causing the excess emissions. 

(d) When required, the owner or operator of a source subject 
to the requirements of this Section shall operate and maintain a 
continuous emission monitoring system in accordance with 40 
CFR. Part 60, Appendix F. 

(e) The data substitution procedures in 40 CFR 75.33 may be 
used to satisfy' the requirements of this Section. 

(0 When compliance with a RACT limitation established for 
a source subject to the requirements of this Section is determined 
using a continuous emissions monitoring system, a 24-hour 
rolling average computed and recorded each hour from April I 
through October 3 1 shall be used. 

(g) When compliance with a RACT limitation established for 
a source subject to the requirements of this Section is not 
determined using a continuous emissions monitoring system. 



.2001 PURPOSE, SCOPE AND APPLICABILITY 

(a) The purpose of this Section is to assure the conformity of 
transportation plans, programs, and projects that are developed, 
funded, or approved by the United States Department of 
Transportation and by metropolitan planning organizations or 
other recipients of funds under Title 23 U.S.C. or the Federal 
Transit Act (49 U.S.C. 1601 et seq.), or State or Local only 
sources of funds, with all plans required of areas designated as 
nonattainment or maintenance under 40 CFR 81.334 and listed 
in Paragraph (b), (c) or (d) of this Rule. 

(b) This Section applies to the emissions of volatile organic 
compounds and nitrogen oxides in the following areas: 

( 1 ) Davidson County, 

(2) Durham County, 

(3) Forsylh County, 

(4) Gaston County, 

(5) Guilford County, 

(6) Mecklenburg County, 

(7) Wake County, 

(8) Dutchville Township in Granville County, and 

(9) that part of Davie County bounded by the Yadkin 
River, Dutchmans Creek, North Carolina Highway 
801. Fulton Creek, and back to the Yadkin River. 

(c) This Section applies to the emissions of carbon monoxide 
in the following areas: 

( 1 ) Durham County, 

(2) Forsyth County. 

(3) Mecklenburg County, and 

(4) Wake County. 

(d) This Section applies to the emissions of particulate matter 
in areas identified in 40 CFR 8 1 .334 as nonattainment or as not 
in compliance with a primary standard. 

(e) This Section applies to FHWA/FTA projects or regionally 
significant State or local projects. For FHWA/FTA projects or 
regionally significant State or local projects in the areas 
identified in Paragraph (b), (c), or (d) of this Rule and for the 
pollutants identified in Paragraph (b), (c). or (d) of this Rule. thi= 
Section applies to: 

(I) the adoption, acceptance, approval, or support of 
transportation plans and transportation plan 
amendments developed pursuant to 23 CFR Part 450 
or 49 CFR Part 613 by a metropolitan planning 
organization or the United States Department of 



1305 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



Transportation; 

(2) the adoption, acceptance, approval, or support of 
transportation improvement programs or amendments 
to transportation improvement programs pursuant to 
23 CFR Part 450 or 49 CFR Part 613 by a 
metropolitan planning organization or the United 
States Department of Transportation; or 

(3) the approval, funding, or implementation of 
FHWA/FTA projects. 

Conformity determinations are not required under this Section 
for individual projects that are not FHWA/FTA projects. 
However. 40 CFR 93.121 shall apply to these projects if they are 
regionalK significant projects. 

(f) This Section applies to maintenance areas for 20 years 
from the date the Environment Protection Agency approves the 
area's request under Section 107(d) of the Clean Air Act for 
redesignation to attainment. 

History Note: Authority G.S. 143-21 5. 3(a){l): 143- 

215.l'07(a)(10); 

Eff. April 1. 1999. 

.2003 TRANSPORTATION CONFORMITY 
DETERMINATION 

(a) Conformity analyses, determinations, and redeterminations 
for transportation plans, transportation improvement programs. 
FHWA/FTA projects, and State or local regionally significant 
projects shall be made according to the requirements of 40 CFR 
93.104 and shall comply with the applicable requirements of 40 
CFR 93.119. 93.120. '93.124. 93.125. and 93,126. For the 
purposes of this Rule, regionally significant State or local 
projects shall be subject to the same requirements under 40 CFR 
Part 93 as FHWA/FTA projects except that State Environmental 
Policy Act procedures and requirements shall be substituted for 
National Environmental Policy Act procedures and 
requirements. Regionally significant State or local projects 
subject to this Section for which the State Environmental Policy 
Act process and a conformity determination have been 
completed may proceed toward implementation without further 
conformity determination unless more than three years have 
elapsed since the most recent major step (State Environmental 
PolicN Act process completion, start of final design, acquisition 
of a significant portion of the right-of-way. or approval of the 
plans, specifications, and estimates) occurred. All phases of 
these projects considered in the conformity determination are 
also included if these phases were for the purpose of funding 
final design, right-of-way acquisition, construction, or any 
combination of these phases. 

(b) Before making a conformity determination, the 
metropolitan planning organizations, local transportation 
departments. North Carolina Department of Transportation. 
United States Department of Transportation, the Division of Air 
Quality, local air pollution control agencies, and United States 
Environmental Protection Agenc\ shall consult with each other 
on matters described in 15A NCAC 2D ,2005. Consultation 
shall begin as early as possible in the development of the 
emissions analysis used to support a conformity determination. 
The agency that perfonns the emissions analysis shall make the 



analysis available to the Division of Air Quality and at least 21 
days shall be allowed for review and comment on the emissions 
analysis. The 21 -day review period shall begin upon receipt of 
the analysis by the Director of the Division of Air Quality, After 
review h\ the Division of Air Quality the approving agency shall 
seek public comments in accordance with its public participation 
policy. The agency making the conformity determination shall 
address all written comments received prior to close of the 
public comment period, and these comments and responses 
thereto shall be included in the final document. If the Division 
of Air Quality disagrees with the resolution of its comments, the 
conflict may be escalated to the Governor within 14 days and 
shall beresolved in accordance with40 CFR 93. 105(d). The 14- 
day appeal period shall begin upon receipt by the Director of the 
Division of Air Quality of the metropolitan planning 
organization's resolution that determines conformity, 

(c) The agency that performs the conformity analysis shall 
notify the Division of Air Quality of 

(1) any changes in planning or analysis assumptions 
[including land use and vehicle miles traveled ( VMT) 
forecasts], and 

(2) any revisions to transportation plans or transportation 
improvement plans that add. delete, or change projects 
that require a new emissions analysis (including 
design scope and dates that change the transportation 
network existing in a horizon year). 

Comments made by the Division of Air Quality and responses 
thereto made by the agency shall become part of the fmal 
planning document. 

(d) Transportation plans shall satisfy the requirements of 40 
CFR 93.106, Transportation plans and transportation 
improvement programs shall satisfy the fiscal constraints 
specified in 40 CFR 93,108, Transportation plans, programs, 
and FHWA/FTA projects shall satisfy the applicable 
requirements of 40 CFR 93, 1 09 through 93, 1 1 8. 

(e) Written comments to implement control measures that are 
not included in the transportation plan and transportation 
improvement program (TIP) shall be obtained before a 
conformity determination and these commitments shall be 
fulfilled. Written commitments to implement mitigation 
measures shall be obtained before a positive conformity 
determination, and project sponsors shall comply with these 
commitments, 

(f) A recipient of federal funds designated under Title 23 
U.S.C, or the Federal Transit Act shall not adopt or approve a 
regionally significant highway or transit project, regardless of 
funding source, unless the requirements of 40 CFR 93 are fully 
complied with, 

(g) The degree of specificity required in a transportation plan 
and the specific travel network assumed for air quality modeling 
shall not preclude the consideration of alternatives in the 
National Environmental Policy Act of 1969 process, in 
accordance with 40 CFR 93.107. 

(h) When assisting or approving any action with air quality- 
related consequence, the Federal Highway Administration and 
the Federal Transit Administration of the Department of 
Transportation shall give priority to the implementation of those 
transportation portions of an applicable implementation plan 



13:16 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



1306 



APPROVED RULES 



prepared to attain and maintain the national ambient air quality 
standards as provided under 40 CFR 93.103. This priority shall 
be consistent with statutory requirements for allocation of funds 
among states or other jurisdictions. 



Historv Note: Authority 

2l5.l07(a>(W): 

Efi: April 1, 1999. 



G.S. 143-215. 3(a)(1): 143- 



.2005 MEMORANDUM OF AGREEMENT 

(a) The Division of Air Quality shall develop and maintain a 
memorandum of agreement with the North Carolina Department 
of Transportation, the metropolitan planning organizations of the 
areas identified in Rule .2001(b), (c), or (d) of this Section, and 
the United States Department of Transportation to describe the 
participation and responsibilities of each of these agencies in 
implementing the requirements of this Section and 40 CFR Part 
93. For those areas identified in Rule .2001(b). (c). or (d) of this 
Section for which there is no metropolitan planning 
organization, the North Carolina Department of Transportation 
shall represent those areas for the purposes of the memorandum 
of agreement. The memorandum of agreement shall include: 

(1) consultation procedures described under 40 CFR 
93.105: 

(2) the projected time allotted for each agency to review 
and comment on or to respond to comments on 
transportation improvement programs, transportation 
plans, and transportation projects; and 

(3) consultation procedures for the development of State 
Implementation Plans that relate to transportation. 

The contents of the Memorandum of Agreement shall comply 
with the criteria and procedures in this federal Clean Air Act 
Section 176(c) [42 U.S.C. 7401 -767 Iq] and 40 CFR Part 51, 
Subpart T. 40 CFR Part 93. Subpart A. and Rules .2001 through 
.2004 of this Section. 

(b) No recipient of federal funds (as defined at 40 CFR 93 . 1 1 
designated under Title 23 U.S.C. or the Federal Transit Act shall 
adopt or approve or take any action to develop or implement a 
regionally significant highway or transit project unless such 
recipient has signed the Memorandum of Agreement established 
under this Rule. This Memorandum of Agreement shall bind the 
recipient to adhere to the conformity criteria and procedures of 
this Section. 

(c) No agency shall adopt or approve or take any action to 
implement or develop any transportation plan, transportation 
improvement program, or federally funded or approved 
FHWA/FTA highway or transit project unless the agency has 
signed the Memorandum of Agreement established under this 
Rule. This Memorandum of Agreement shall bind the recipient 
to adhere to the conformity criteria and procedures of this 
Section. 

(d) Each federal agency that participates in determinations of 
conformity to state and federal implementation plans shall sign 
the Memorandum of Agreement established under this Rule. 
This Memorandum of Agreement shall bind the recipient to 
adhere to the conformity criteria and procedures of this Section. 

Histoiy Note: Author it\- G.S. 143-215. 3(a)(1): 143- 



215.107(a)(10>: 
Eff. April 1. 1999. 

SUBCHAPTER 2Q - AIR QUALITY PERMIT 
PROCEDURES 

SECTION .0100 - GENERAL PROVISIONS 

.0102 ACTIVITIES EXEMPTED FROM PERMIT 
REQUIREMENTS 

(a) If a source is subject to any of the following rules, then the 
source is not exempted from permit requirements, and the 
exemptions in Paragraph (b) of this Rule do not apply: 

( 1 ) new source performance standards under 1 5 A NCAC 
2D .0524 or 40 CFR Part 60, except: 

(A) 40 CFR Part 60, Subpart Dc, industrial, 
commercial, and institutional steam generating 
units located at a facility not required to be 
permitted under Section .0500 of this 
Subchapter; 

(B) 40 CFR Part 60. Subpart Kb, volatile organic 
liquid storage vessels located at a facility not 
required to be permitted imder Section .0500 of 
this Subchapter; 

(C) 40 CFR Part 60. Subpart AAA, new residential 
wood heaters; or 

(D) 40 CFR Part 60, Subpart WWW, municipal 
solid waste landfills not required to be 
permitted under Section .0500 of this 
Subchapter; 

(2) national emission standards for hazardous air 
pollutants under 1 5 A NCAC 2D . 1 11 or 40 CFR Part 
61, except asbestos demolition and renovation 
activities; 

(3) prevention of significant deterioration under 15A 
NCAC 2D .0530; 

(4) new source review under 15A NCAC 2D .0531 or 
.0532; 

(5) sources of volatile organic compounds subject to the 
requirements of 15A NCAC 2D .0900 that are located 
in Mecklenburg County in accordance with 15A 
NCAC 2D .0902; 

(6) sources required to apply maximum achievable 
control technology (MACT) for hazardous air 
pollutants under 1 5 A NCAC 2D . 1 1 09 or . 1 1 1 1 or 40 
CFR Part 63 that are required to have a permit under 
Section .0500 of this Subchapter; or 

(7) sources at facilities subject to 15A NCAC 2D .1100. 
(If a source does not emit a toxic air pollutant for 
which the facility at which it is located has been 
evaluated, it shall be exempted from needing a permit 
if it qualifies for one of the exemptioas in Paragi'aph 
(b) of this Rule). 

(b) The following activities do not need a permit or permit 
modification under this Subchapter; however, the Director ma\ 
require the owner or operator of these acti\ ities to register them 
under 1 5A NCAC 2D .0200. 

(1) activities exempted because of category (These 



1307 



NORTH CAROLINA REGISTER 



Februarv 15, 1999 



13:16 



APPROVED RULES 



activities shall not be included on the permit 
application or in the permit.); 

(A) maintenance, upkeep, and replacement: 

(i) maintenance, structural changes, or 
repairs which do not change the capacitN 
of such process. fuel-burning, 
refuse-burning, or control equipment, 
and do not involve any change in quality 
or nature or increase in quantity of 
emission of regulated air pollutants: 

(ii) housekeeping activities or building 
maintenance procedures, including 
painting buildings, resurfacing floors, 
roof repair, washing, portable vacuum 
cleaners, sweeping, use and associated 
storage of janitorial products, or 
insulation removal; 

(iii) use of office supplies, supplies to 
maintain copying equipment, or 
blueprint machines; 

(iv) use of fire fighting equipment; 

(v) paving parking lots: or 

(vi) replacement of existing equipment with 
equipment of the same size. type, and 
function that does not result in an 
increase to the actual or potential 
emission of regulated air pollutants and 
that does not affect the compliance 
status, and with replacement equipment 
that tits the description of the existing 
equipment in the permit, including the 
application, such that the replacement 
equipment can be operated under that 
permit without any changes in the 
permit; 

(B) air conditioning or ventilation; comfort air 
conditioning or comfort ventilating systems 
which do not transport, remove, or exhaust 
regulated air pollutants to the atmosphere; 

(C) laboratory activities; 

(i) bench-scale, on-site equipment used 
exclusively for chemical or physical 
analysis for quality control purposes, 
staff instruction, water or wastewater 
analyses. or non-production 

environmental compliance assessments: 

(ii) bench-scale experimentation, chemical 
or physical analyses, training or 
instruction from not-for-profit, non- 
production educational laboratories: 

(iii) bench-scale experimentation, chemical 
or physical analyses, training or 
instruction from hospitals or health 
laboratories pursuant to the 
determination or diagnoses of illness: or 

(iv) research and development laboratory 
activities that are not required to be 
permitted under Section .0500 of this 



Subchapter provided the activitv 
produces no commercial product or 
feedstock material; 

(D) storage tanks: 

(i) storage tanks used soleh to store fuel 
oils, kerosene, diesel. crude oil. used 
motor oil. lubricants, cooling oils, 
natural gas or liquefied petroleum gas: 

(ii) storage tanks used to store gasoline for 
which there are no applicable 
requirements except Stage 1 controls 
under 15A NCAC 2D .0Q28: 

(iii) storage tanks used solely to store 
inorganic liquids: or 

(iv) storage tanks or vessels used for the 
temporary containment of materials 
resulting from an emergency response to 
an unanticipated release of hazardous 
materials; 

(E) combustion and heat transfer equipment: 

(i) space heaters burning distillate oil. 
kerosene, natural gas. or liquefied 
petroleum gas operating by direct heat 
transfer and used solely for comfort 
heat; 
(ii) residential wood stoves, heaters, or 

fireplaces; 
(iii) hot water heaters which are used for 
domestic purposes only and are not used 
to heat process water; 

(F) wastewater treatment processes: industrial 
wastewater treatment processes or municipal 
wastewater treatment processes for which there 
are no applicable requirements; 

(G) gasoline distribution: 

(i) gasoline service stations or gasoline 
dispensing facilities that are not required 
to be permitted under Section .0500 of 
this Subchapter; or 
(ii) gasoline dispensing equipment at 
facilities required to be permitted under 
Section .0500 of this Subchapter if the 
equipment is used solely to refuel 
facility^ equipment; 
(H) dispensing equipment: equipment used solely 
to dispense diesel fuel, kerosene, lubricants or 
cooling oils; 
(I) solvent recycling: portable solvent distillation 
systems used for on-site solvent rec> cling if 
(i) The portable solvent distillation s\stem 
is not: 

( 1 ) owned by the facility, and 
(II) operated at the facility for more 
than seven consecutive days: and 
(ii) The material recycled is: 

(1) recycled at the site of origin. 
(11) the original material is non- 
photochemically reactive in 



13:16 



NORTH CAROLINA REGISTER 



Fehruan' 15, 1999 



1308 



APPROVED RULES 



accordance with ISA NCAC 2D 
.0518. Miscellaneous Volatile 
Organic Compound Emissions, 
and 
(HI) all make up material is non- 
photochemically reactive in 
accordance with 15A NCAC 2D 
.0518; 
(J) processes: 

(i) small electric motor bum-out ovens with 
secondary combustion chambers or 
afterburners; 
(ii) small electric motor bake-on ovens; 
(iii) bum-off ovens for paint-line hangers 

with afterburners; 
(iv) hosiery knitting machines and 
associated lint screens, hosiery dryers 
and associated lint screens, and hosiery 
dyeing processes where bleach or 
solvent dyes are not used; 
(v) blade wood planers planing only green 
wood; 
(K) solid waste landfills: municipal solid waste 
landfills not required to be permitted under 
Section .0500 of this Subchapter (This Part 
does not apply to flares and other sources of 
combustion at solid waste landfills.); 
(L) miscellaneous: 

(i) motor vehicles, aircraft, marine vessels, 
locomotives, tractors or other 
self-propelled vehicles with internal 
combustion engines; 
(ii) non-self-propelled non-road engines, 
except generators, regulated by rules 
adopted under Title II of the federal 
Clean Air Act; 
(iii) equipment used for the preparation of 
food for direct on-site human 
consumption; 
(iv) a source whose emissions are regulated 
only under Section 1 12(r) or Title VI of 
the federal Clean Air Act that is not 
required to be permitted under Section 
.0500 of this Subchapter: 
(v) exit gases from in-line process 

analyzers; 
(vi) stacks or vents to prevent escape of 
sewer gases from domestic waste 
through plumbing traps; 
(vii) refrigeration equipment that is 
consistent with Section 601 through 618 
of Title VI (Stratospheric Ozone 
Protection) of the federal Clean Air Act, 
40 CFR Part 82, and any other 
regulations promulgated by EPA under 
Title VI for stratospheric ozone 
protection, except those units used as or 
in conjunction with air pollution control 



equipment; 
(viii) equipment not vented to the outdoor 
atmosphere with the exception of 
equipment that emits volatile organic 
compounds; 
(ix) equipment that does not emit any 

regulated air pollutants; 

(x) facilities subject onK to a requirement 

under 40 CFR Part 63 that are not 

required to be permitted under Section 

.0500 of this Subchapter (This Subpart 

does not apply when a control device is 

used to meet a MACT or GACT 

emission standard.); 

(xi) sources for which there are no 

applicable requirements and that are at a 

facility not required to be permitted 

under Section .0500 of this Subchapter; 

or 

(xii) sources for which there are no 

applicable requirements and that are at a 

facility required to be permitted under 

Section .0500 of this Subchapter 

following the procedures in Paragraph 

(c) of this Rule; 

(2) activities exempted because of size or production rate 

(These activities shall not be included in the permit. 

If the facility is subject to the permitting procedures 

under Section .0500 of this Subchapter, these 

activities shall be listed on the pemiit application; 

otherwise, these activities shall not be listed on the 

permit application.): 

(A) storage tanks: 

(i) above-ground storage tanks with a 
storage capacity of no more than 1100 
gallons storing organic liquids with a 
true vapor pressure of no more than 1 0.8 
pounds per square inch absolute at 
70°F;or 
(ii) underground storage tanks with a 
storage capacity of no more than 2500 
gallons storing organic liquids with a 
tme vapor pressure of no more than 10.8 
psi absolute at 70 °F; 

(B) combustion and heat transfer equipment 
located at a facility not required to be pennitted 
under Section .0500 of this Subchapter: 

(i) fuel combustion equipment, except for 
internal combustion engines, firing 
exclusiveK' kerosene. No. I fuel oil. No. 
2 fuel oil, equivalent unadulterated 
fuels, or a mi.xtuio of tho-o fuels or one 
or more of these fuels ini\cd of with 
natural gas or liquefied petroleum gas 
with a heat input of less than: 
(I) 10 million BTU per hour for 

which construction, modification. 

or reconstruction commenced 



1309 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



13:16 



APPROVED RULES 



after June 9. 1989; or 
(II) 30 million BTU per hour for 
which construction, modification, 
or reconstruction commenced 
before June 10. 1989; 
(ii) fuel combustion equipment, except for 
internal combustion engines, firing 
exclusively natural gas or liquefied 
petroleum gas or a mixture of these 
fuels with a heat input rating less than 
65 million BTU per hour; 
(iii) space heaters burning waste oil if; 

(I) Theheaterbumsonly oil that the 
owner or operator generates or 
used oil from do-it-yourself oil 
changers who generate used oil 
as household wastes; 
(II) The heater is designed to have a 
maximum capacity of not more 
than 500.000 Btu per hour, and 
(III) The combustion gases from the 
heater are vented to the ambient 
air; 
(iv) emergency use generators and other 
internal combustion engines not 
regulated by rules adopted under Title 1 1 
of the federal Clean Air Act, except 
self-propelled vehicles, that have a rated 
capacity of no more than: 
(I) 310 kilowatts (electric) or 460 
horsepower for natural gas-fired 
engines, 
(II) 830 kilowatts (electric) or 1150 
horsepower for liquefied 
petroleum gas-fired engines, 

(III) 270 kilowatts (electric) or 410 
horsepower for diesel-fired or 
kerosene-fired engines, or 

(IV) 21 kilowatts (electric) or 31 
horsepower for gasoline-fired 
engines; 

(v) portable generators and other portable 
equipment with internal combustion 
engines not regulated by rules adopted 
under Title II of the federal Clean Air 
Act, except self-propelled vehicles, that 
operate at the facility no more than a 
combined 350 hours for any 365-day 
period provided the generators or 
engines have a rated capacity of no more 
than 750 kilowatt (electric) or 1100 
horsepower each and provided records 
are maintained to verify the hours of 
operation; 

(vi) peak shaving generators that produce no 
more than 325,000 kilowatt-hours of 
electrical energy for any 12-month 
period provided records are maintained 



to verify' the energy production on a 
monthly basis and on a 12-month basis; 

(C) gasoline distribution: bulk gasoline plants with 
an average daily throughput of less than 4000 
gallons that is not required to be pemiitted 
under Section .0500 of this Subchapter; 

(D) processes: 

(i) printing, paint spray booths or other 
painting or coating operations without 
air pollution control devices (water 
wash and filters that are an integral part 
of the paint spray booth are not 
considered air pollution control devices) 
located at a facility whose facility-wide 
actual emissions of: 
(I) Volatile organic compounds are 

less than five tons per year, and 
(II) Photochemical ly reactive solvent 

emissions under I5A NCAC 2D 

.05 1 8 are less than 30 pounds per 

day; 
provided the facility is not required to 
be permitted under Section .0500 of this 
Subchapter; 
(ii) sawmills that saw no more than 
2,000,000 board feet per year provided 
only green wood is sawed; 
(iii) perchloroethylene dry cleaners that 
emits less than 13,000 pounds of 
perchloroethylene per year; 
(iv) electrostatic dry powder coating 
operations with filters or powder 
recovery systems including electrostatic 
dry powder coating operations equipped 
curing ovens with a heat input of less 
than 10,000,000 BTU per hour; 

(E) miscellaneous: 

(i) any source whose emissions would not 
violate any applicable emissions 
standard and whose potential emissions 
of particulate, sulfur dioxide, nitrogen 
oxides, volatile organic compounds, and 
carbon monoxide before air pollution 
control devices. i.e., potential 
uncontrolled emissions, are each no 
more than five tons per year and whose 
potential emissions of hazardous air 
pollutants are below their lessor quantity 
cutoff except: 
(1) storage tanks. 

(II) fuel combustion equipment, 
excluding fuel combustion 
equipment at facilities required to 
have a permit under Section 
.0500 of this Subchapter, firing 
exclusively kerosene. No. 1 fuel 
oil. No. 2 fuel oil, equivalent 
unadulterated fuels, natural uas. 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1310 



APPROVED RULES 



(F) 



liquefied petroleum gas, or a 
mixture of these fuels, 

(III) space heaters burning waste oil, 

(IV) generators, excluding emergency 
generators, or other non-self- 
propelled internal combustion 
engines, 

(V) bulk gasoline plants, 
(VI) printing, paint spray booths, or 

other painting or coating 

operations, 
(VII) sawmills, 
(VIII) perchloroethylene dr>' cleaners, 

or 
(IX) electrostatic dry powder coating 

operations, 
provided that the total potential 
emissions of particulate, sulfur dioxide, 
nitrogen oxides, volatile organic 
compounds, and carbon monoxide from 
the facility are each less than 40 tons per 
year and the total potential emissions of 
all hazardous air pollutants are below 
their lesser quantity cutoff emission 
rates or provided that the facility has an 
air quality permit; 
(ii) any facility whose actual emissions of 
particulate, sulfur dioxide, nitrogen 
oxides, volatile organic compounds, or 
carbon monoxide before air pollution 
control devices, i.e.. uncontrolled 
emissions, are each less than five tons 
per year, whose potential emissions of 
all hazardous air pollutants are below 
their lesser quantity cutoff emission 
rates, and which is not required to have 
a permit under Section .0500 of this 
Subchapter: 
(iii) any source that only emits hazardous air 
pollutants that are not also a particulate 
or a volatile organic compound and 
whose potential emissions of hazardous 
air pollutants are below their lesser 
quantity' cutoff emission rates: or 
(iv) any incinerator covered under 
Subparagraph (c)(4) of 15A NCAC 2D 
.1201. 
case-by-case exemption: 
(i) for activities located at facilities not 
required to have a permit under Section 
.0500 of this Subchapter, activities that 
the applicant demonstrates to the 
satisfaction of the Director: 
(I) to be negligible in their air 

quality impacts. 
(II) not to have any air pollution 

control device, and 
(III) not to violate any applicable 



emission control standard when 

operating at maximum design 

capacity or maximum operating 

rate, whichever is greater; or 

(ii) for activities located at facilities 

required to have a permit under Section 

.0500 of this Subchapter: activities that 

the applicant demonstrates to the 

satisfaction of the Director: 

(I) to be negligible in their air 

quality impacts, 
(II) not to have any air pollution 
control device. 

(III) not to violate any applicable 
emission control standard when 
operating at maximum design 
capacity or maximum operating 
rate, whichever is greater, 

(IV) the potential emissions of each 
criteria pollutant is less than five 
tons per year, and 

(V) the potential emissions of each 
hazardous air pollutant is less 
than 1 000 pounds per year 

(c) The Director shall exempt a source for which there are no 
applicable requirements at a facility required to have a permit 
under Section .0500 of this Subchapter from needing a permit if 

( 1 ) The Director finds that emissions from the source are 
not likely to cause or contribute to any violation of an 
ambient air quality standard under I5A NCAC 2D 
.0400, or 40 CFR Part 50; and 

(2) The proposed perm.it exemption is noticed along with 
the initial draft permit or the next draft permit revision 
requiring public notice or draft permit renewal, 
whichever occurs first, and is subject to public 
comment procedures in Section .0500 of this 
Subchapter 

If during the comment period EPA or any other person provides 
a satisfactory explanation to the Director of why the source 
should be permitted, the Director shall include the source in the 
facilit>'s permit; otherwise, the Director shall not include the 
source in the facility's permit. 

(d) Because an activity is exempted from being required to 
have a permit does not mean that the activit) is exempted from 
an\ applicable requirement or that the owner or operator of the 
source is exempted from demonstrating compliance with any 
applicable requirement. 

(e) Emissions from stationar\' source activities identified in 
Paragraph (b) of this Rule shall be included in determining 
compliance with the toxic air pollutant reqiiirenicnts under I5A 
NCAC 2D .1100 or 20 -0700 according to 15A NCAC 2Q 
.0702 (exemptions from air toxic permitting). 

(0 The owner or operator of a facilil\ or ^^iurcc claiming an 
exemption under Paragraph (b) of this Rule shall provide the 
Director documentation upon request that the facility or source 
is qualified for that exemption. 

Histoiy Note: Filed as a Temporary AJopiion Eff. March 8. 



1311 



NORTH CAROLINA REGISTER 



Februan- 15, 1999 



13:16 



APPROVED RULES 



1994 for a period of 180 days or until the permanent rule is 

effective, whichever is sooner: 

Authority G.S. 143-2 15.3(a)(1): 143-215. 107(a)(4): 

143-215.108: 

EffJulyl. 1994: 

Amended Eff. April L 1^99: July 1. 1998: July 1. 1997: 

November 1. 1996. 

SECTION .0800 - EXCLUSIONARY RULES 

.0801 PURPOSE AND SCOPE 

(a) The purpose of this Section is to define categories of 
facilities that are exempted from needing a permit under Section 
.0500, Title V Procedures, of this Subchapter or the applicability 
of 1 5 A NCAC 2D . 1 1 1 1 or 40 CFR Part 63 by defining their 
potential emissions to be less than; 

(1) 100 tons per year of each regulated air pollutant; 

(2) 10 tons per year of each hazardous air pollutant; and 

(3) 25 tons per year of ail hazardous air pollutants 
combined; 

as determined by criteria set out in each individual source 
category rule. [A particular maximum achievable control 
technology (MACT) standard promulgated under 40 CFR Part 
63 ma\ have a lower applicability threshold than those contained 
in this Paragraph. The threshold contained in that MACT 
standard shall be used to determine the applicability of that 
MACT standard]. Potential emissions of hazardous air 
pollutants limited through the procedures of this Section may be 
used to determine the applicability of specific requirements of 40 
CFR Part 63 to a facility. 

(b) Coverage under the rules of this Section is voluntary. The 
owner or operator of a facilit\' or source qualified to be covered 
under a rule in this Section that does not want to be covered 
under that rule shall notify the Director in writing that he does 
not want his facility covered under this Section, and the Section 
shall no longer apply to that facility or source. 

(c) A source cannot rely on emission limits or caps contained 
in this Section to justify violation of any rate-based emission 
limits or other applicable requirements. 

(d) Although a facility is exempted, by complying with this 
Section, from the permitting procedures contained in Section 
.0500, Title V Procedures, of this Subchapter, or the 
applicability of 1 5A NCAC 2D . 1 1 1 1 or 40 CFR Part 63, it may 
still need a permit under Section .0300, Construction and 
Operation Permit, of this Subchapter unless it is exempted from 
needing a permit by Rule .0102 of this Subchapter. 

(e) Except for gasoline service stations and dispensing 
facilities and dry cleaning facilities, any facility or source not 
required to have a permit under this Subchapter shall not be 
required to maintain records and report emissions as required 
under this Section. 



History Note: Authority G.S. 
2l5.]d7(a)(10): 143-215.108: 
Eff August 1. 1995: 
Amended Eff. .April L 1999. 



143-2 15.3(a): 



143- 



.0803 COATING, SOLVENT CLEANING, GRAPHIC 



ARTS OPERATIONS 

(a) For the purposes of this Rule, the following definitions 
apply: 

( 1 ) "Coating operation" means a process in which paints, 
enamels, lacquers, varnishes, inks, dyes, glues, and 
other similar materials are applied to wood, paper, 
metal, plastic, textiles, or other types of substrates. 

(2) "Solvent cleaning operation" means the use of 
solvents containing volatile organic compounds to 
clean soils from metal, plastic, or other types of 
surfaces. 

(3) "Graphic arts operation" means the application of inks 
to form words, designs, or pictures to a substrate, 
usually by a series of application rolls each with only 
partial coverage and usually using letterpress, offset 
lithography, rotogravure, or fiexographic process. 

(b) Potential emissions for a coating operation, solvent 
cleaning operation, or graphic arts operation shall be determined 
using actual emissions without accounting for any air pollution 
control devices to reduce emissions of volatile organic 
compounds or hazardous air pollutants including 
perchloroethylene, methyl cloroform, and methyl chloride fi^om 
the coating operation, solvent cleaning operation or graphic arts 
operation. All volatile organic compounds and 
perchloroethylene, methyl chloroform, and meth\ I chloride are 
assumed to evaporate and be emitted into the atmosphere at the 
source. 

(c) Paragraphs (d) through (1) of this Rule do not apply to any 
facility whose potential emissions are greater than or equal to: 

(1) 100 tons per year of each regulated air pollutant; 

(2) 10 tons per year of each hazardous air pollutant; or 

(3) 25 tons per year of all hazardous air pollutants 
combined; 

as determined by criteria set out in each individual source 
category rule. [A particular maximum achievable control 
technology (MACT) standard promulgated under 40 CFR Part 
63 may have a lower applicability threshold than those contained 
in this Paragraph. The threshold contained in that MACT 
standard shall be used to determine the applicability of that 
MACT standard.] 

(d) With the exception of Paragraph (c) of this Rule, the 
owner or operator of a coating, solvent cleaning, or graphics arts 
operation shall be exempted from the requirements of Section 
.0500 of this Subchapter, provided the owner or operator of the 
facility complies with Paragraphs (0 through (j) of this Rule, as 
appropriate. 

(e) Only Paragraph (b) of this Rule applies to coating 
operations, solvent cleaning operations, or graphic arts 
operations that are exempted from needing a permit under Rule 
.0102 of this Subchapter 

(f) The owner or operator of a facilit> whose potential 
emissions: 

( 1 ) of volatile organic compounds are less than 1 00 tons 
per year but more than or equal to 75 tons per year; 

(2) of each hazardous air pollutant is less than 10 tons per 
year but more than or equal to 7.5 tons per year; or 

(3) of all hazardous air pollutants combined are less than 
25 tons per year but more than or equal to 1 8 tons per 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1312 



APPROVED RULES 



year; 
shall maintain records and submit reports as described in 
Paragraphs (g) and (j) of this Rule. 

(g) For facilities covered under Paragraph (f) of this Rule, the 
owner or operator shall: 

( 1 ) maintain monthly consumption records of each 
material used containing volatile organic compounds 
as follows: 

(A) quantity of volatile organic compound in 
pounds per gallon of each material used, 

(B) pounds of volatile organic compounds of each 
material used per month and total pounds of 
volatile organic compounds of each material 
used during the 12-month period ending on that 
month, 

(C) quantity of each hazardous air pollutant in 
pounds per gallon of each material used, 

(D) pounds of each hazardous air pollutant of each 
material used per month and total pounds of 
each hazardous air pollutant of each material 
used during the 12-month period ending on that 
month, 

(E) quantity of all hazardous air pollutants in 
pounds per gallon of each material used, and 

(F) pounds of all hazardous air pollutants of each 
material used per month and total pounds of all 
hazardous air pollutants of each material used 
during the 12-month period ending on that 
month: and 

(2) submit to the Director each quarter, or more 
frequently if required by a permit condition, a report 
summarizing emissions of volatile organic compounds 
and hazardous air pollutants containing the following: 

(A) pounds volatile organic compounds used: 

(i) for each month during the quarter, and 
(ii) for each 12-month period ending on 
each month during the quarter using the 
12-month rolling average method; 

(B) greatest quantity in pounds of an individual 
hazardous air pollutant used: 

(i) for each month during the quarter, and 
(ii) for each 12-month period ending on 
each month during the quarter using the 
12-month rolling average method; and 

(C) pounds of all hazardous air pollutants used: 

(i) for each month during the quarter, and 
(ii) for each 12-month period ending on 
each month during the quarter using the 
12-month rolling average method, 
(h) The owner or operator of a facility whose potential 
emissions: 

(!) of volatile organic compounds are less than 75 tons 
per \ ear, 

(2) of each hazardous air pollutants is less than 7.5 tons 
per y ear, and 

(3) of all hazardous air pollutants combined are less than 
1 8 tons per year. 

shall maintain records and submit reports as described in 



Paragraphs (i) and(j) of this Rule. 

(i) For facilities covered under Paragraph (h) of this Rule, the 
owner or operator shall submit to the Director by February 1 5th 
of each year, or more frequently if required by a permit 
condition, a report summarizing emissions of volatile organic 
compounds and hazardous air pollutants containing the 
following: 

( 1 ) pounds volatile organic compounds used during the 
previous calendar year, 

(2) pounds of the highest individual hazardous air 
pollutant used during the previous year, and 

(3) pounds of all hazardous air pollutants used during the 
previous year. 

{]) In addition to the specific reporting requirements for 
sources covered under Paragraphs (f) and (h) of this Rule, the 
owner or operator of the source shall: 

( 1 ) maintain purchase orders and invoices of materials 
containing volatile organic compounds, which shall be 
made available to the Director upon request to 
confirm the general accuracy of the reports filed under 
Paragraphs (g) or (i) of this Rule regarding materials 
usage; 

(2) retain purchase orders and invoices for a period of at 
least three years; 

(3 ) report to the Director any exceedance of a requirement 
of this Rule within one week of occurrence; and 

(4) certify all submittals as to the truth, completeness, and 
accuracy of all information recorded and reported 
over the signature of the appropriate official as 
identified in Rule .0304(^i) of this Subchapter. 

(k) Copies of all records required to be maintained under 
Paragraphs (g). (i) or (i) of this Rule shall be maintained at the 
facility and shall be available for inspection by personnel of the 
Division on demand. 

(1) The Director shall maintain a list of facilities covered 
under this Rule. 



143-2 15.3(a): 143- 



Histon' Note: Authority G.S. 
2 1 5.1 07(a) tl 0} : 1 43-2 1 5. 1 08: 
Eff. August 1. 1995: 
Amended Eff. April 1, 1999. 



CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 31 - GENERAL RULES 

SECTION .0100 - GENERAL RULES 

.0101 DEFINITIONS 

(a) All definitions set out in G.S. 1 13. Subcliaptcr IV apply to 
this Chapter. 

(b) The following additional terms are hereby defined: 

(1) Commercial Fishing Equipment. All fishing 
equipment used in coastal fishing waters except: 

(A) Seines less than 12 feet in length: 

(B) Spears; 

(C) A dip net having a handle not more than eight 
feet in length and a hoop or frame to which the 



1313 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



net is attached not exceeding 60 inches along 

the perimeter; (16) 

(D) Hook-and-iine and bait-and-iine equipment 
other than multiple-hook or multiple-bait 
trot line: 

(E) A landing net used to assist in taking fish when (17) 
the initial and primary method of taking is by 

the use of hook and line; and 

(F) Cast Nets. 

(2) Fixed or stationary net. A net anchored or staked to 
the bottom, or some structure attached to the bottom, 
at both ends of the net. 

(3) Mesh Length. The diagonal distance fi^om the inside 
of one knot to the outside of the other knot, when the 
net is stretched hand-tight. 

(4) Possess. Any actual or constructive holding whether 
under claim of ownership or not. 

(5) Transport. Ship, carry, or cause to be carried or (18) 
moved by public or private carrier by land, sea, or air. 

(6) Use. Employ, set, operate, or permit to be operated or 
employed. (19) 

(7) Purse Gill Nets. Any gill net used to encircle fish 
when the net is closed by the use of a purse line 
through rings located along the top or bottom line or 
elsewhere on such net. 

(8) Gill Net. A net set vertically in the water to capture 
fish by entanglement by the gills in its mesh as a result 
of net design, construction, mesh size, webbing 
diameter or method in which it is used. 

(9) Seine. A net set vertically in the water and pulled by 

hand or power to capture fish by encirclement and (20) 

confining fish within itself or against another net. the 

shore or bank as a result of net design, construction, 

mesh size, webbing diameter, or method in which it is 

used. 

(10) Internal Coastal Waters or Internal Waters. All 
coastal fishing waters except the Atlantic Ocean. 

(11) Channel Net. A net used to take shrimp which is 
anchored or attached to the bottom at both ends or 
with one end anchored or attached to the bottom and 
the other end attached to a boat. 

(12) Dredge. A device towed by engine power consisting 
of a frame, tooth bar or smooth bar, and catchbag used 
in the harvest of oysters, clams, crabs, scallops, or 
conchs. 

(13) Mechanical methods for clamming. Includes, but not 
limited to, dredges, hydraulic clam dredges, stick 
rakes and other rakes when towed by engine power, 
patent tongs, kicking with propellers or deflector 
plates with or without trawls, and any other method 
that utilizes mechanical means to harvest clams. 

(14) Mechanical methods for oystering. Includes, but not 
limited to. dredges, patent tongs, stick rakes and other 
rakes when towed by engine power and any other 
method that utilizes mechanical means to harvest 
oysters. 

(15) Depuration. Purification or the removal of 
adulteration from live oysters, clams, and mussels by 



any natural or artificially controlled means. 
Peeler Crab. A blue crab that has a soft shell 
developing under a hard shell and having a definite 
pink, white, or red line or rim on the outer edge of the 
back fin or flipper. 
Length of finfishT 

(A) Total length is determined by measuring along 
a straight line the distance from the tip of the 
snout with the mouth closed to the tip of the 
compressed caudal (tail) fin. 

(B) Fork length is determined by measuring along 
a straight line the distance from the tip of the 
snout with the mouth closed to the middle of 
the fork in the caudal (tail) fin. 

(C) Fork length for billfish is measured from the 
tip of the lower jaw to the middle of the fork of 
the caudal (tail) fin. 

Licensee. An\ person holding a valid license from the 
Department to take or deal in marine fisheries 
resources. 

Aquaculture operation. An operation that produces 
artificially propagated stocks of marine or estuarine 
resources or obtains such stocks from authorized 
sources for the purpose of rearing in a controlled 
environment. A controlled environment provides and 
maintains throughout the rearing process one or more 
of the following: predator protection, food, water 
circulation, salinity, or temperature controls utilizing 
proven technology not found in the natural 
environment. 

Critical habitat areas. The fi-agile estuarine and marine 

areas that support juvenile and adult populations of 

economically important seafood species, as well as 

forage species important in the food chain. Critical 

habitats include nursery areas, beds of submerged 

aquatic vegetation, shellfish producing areas, 

anadromous fish spawning and anadromous fish 

nursery areas, in all coastal fishing waters as 

determined through marine and estuarine survey 

sampling. Critical habitats are vital for portions, or 

the entire life cycle, including the early growth and 

development of important seafood species. 

( A ) Beds of submerged aquatic vegetation are those 

habitats in public trust and estuarine waters 

vegetated with one or more species of 

submerged vegetation such as eelgrass (Zostera 

marina), shoalgrass (Halodule wrightii) and 

widgeongrass (Ruppia maritima). These 

vegetation beds occur in both subtidal and 

intertidal zones and max occur in isolated 

patches or cover extensive areas. In either 

case, the bed is defined b> the presence of 

above-ground leaves or the below-ground 

rhizomes and propagules together with the 

sediment on which the plants grow. In 

defining beds of submerged aquatic vegetation, 

the Marine Fisheries Commission recognizes 

the Aquatic Weed Control Act of 1991 (G.S. 



13:16 



NORTH CAROLINA REGISTER 



Fehruan' 15, 1999 



I3I4 



APPROVED RULES 



113A-220 et. seq.) and does not intend the 
submerged aquatic vegetation definition and its 
implementing rules to apply to or conflict with 
the non-development control activities 
authorized by that Act. 

(B) Shellfish producing habitats are those areas in 
which economically important shellfish, such 
as, but not limited to clams, oysters, scallops, 
mussels, and whelks, whether historically or 
currently, reproduce and survive because of 
such favorable conditions as bottom type, 
salinity, currents, cover, and cultch. Included 
are those shellfish producing areas closed to 
shellfish harvest due to pollution. 

(C) Anadromous fish spawning areas are defined 
as those areas where evidence of spawning of 
anadromous fish has been documented by 
direct observation of spawning, capture of 
running ripe females, or capture of eggs or 
early larvae. 

(D) Anadromous fish nursery areas are defined as 
those areas in the riverine and estuarine 
systems utilized by post-larval and later 
juvenile anadromous fish. 

(21) Intertidal Oyster Bed. A formation, regardless of size 
or shape, formed of shell and live oysters of varying 
density. 

(22) North Carolina Trip Ticket. Multiple-part form 
provided by the Department to fish dealers who are 
required to record and report transactions on such 
forms. 

(23) Transaction. Act of doing business such that fish are 
sold, offered for sale, exchanged, bartered, distributed 
or landed. The point of landing shall be considered a 
transaction when the fisherman is the fish dealer. 

(24) Live rock. Living marine organisms or an assemblage 
thereof attached to a hard substrate including dead 
coral or rock (excluding mollusk shells). For 
example, such living marine organisms associated 
with hard bottoms, banks, reefs, and live rock may 
include, but are not limited to: 

(A) Animals; 

(i) Sponges (Phylum Porifera); 
(ii) Hard and Soft Corals, Sea Anemones 
(Phylum Cnidaria): 
(I) Fire corals (Class Hydrozoa); 
(II) Gorgonians, whip corals, sea 
pansies, anemones, Solenastrea 
(Class Anthozoa); 
(iii) Bryozoans (Phylum Bryozoa): 
(iv) Tube Worms (Phylum Annelida): 
(I) Fan worms (Sabellidae); 
(II) Feather duster and Christmas tree 

worms (Serpulidae); 
(III) Sand castle worms 

(Sabellaridae). 
(v) Mussel banks (Phylum 

MoIlusca:Gastropoda); 



(B) 



(25) 



Coral: 

(A) 

(B) 



(vi) Colonial barnacles (Arthropoda: 

Crustacea: Megabalanus sp.). 
Plants: 

(i) Coralline algae (Division Rhodophyta); 
(ii) Acetabularia sp., Udotea sp., Halimeda 

sp., Caulerpa sp. (Division 

Chlorophyta); 
(iii) Sargassum sp., Dictyopteris sp., Zonaria 

sp. (Division Phaeophyta). 



Fire corals and hydrocorals (Class Hydrozoa); 
Stony corals and black corals (Class Anthozoa, 
Subclass Scleractinia); 
(C) Octocorals; Gorgonian corals (Class Anthozoa, 
Subclass Octocorallia): 
(i) Sea fans (Gorgonia sp.); 
(ii) Sea whips (Leptogorgia sp. and 

Lophogorgia sp.); 
(iii) Sea pansies (Renilla sp.). 

(26) Shellfish production on leases and franchises: 

(A) The culture of oysters, clams, scallops, and 
mussels, on shellfish leases and franchises 
from a sublegal harvest size to a marketable 
size. 

(B) The transplanting (relay) of oysters, clams, 
scallops and mussels from designated areas 
closed due to pollution to shellfish leases and 
franchises in open waters and the natural 
cleansing of those shellfish. 

(27) Shellfish marketing from leases and franchises. The 
harvest of oysters, clams, scallops, mussels, from 
privately held shellfish bottoms and lawful sale of 
those shellfish to the public at large or to a licensed 
shellfish dealer. 

(28) Shellfish planting effort on leases and franchises. The 
process of obtaining authorized cultch materials, seed 
shellfish, and polluted shellfish stocks and the 
placement of those materials on privately held 
shellfish bottoms for increased shellfish production. 

(29) Pound Net. A fish trap consisting of a holding pen, 
one or more enclosures, and a lead or leaders. The 
lead(s), enclosures, and holding pen are not conical, 
nor are they supported by hoops or frames. 

(30) Educational Institution. A college, university or 
community college accredited by a regional 
accrediting institution. 

(31) Long Haul Operations. A seine towed between two 
boats. 

(32) Swipe Net Operations. A seine towed b_\ one boat. 

(33) Bunt Net. The last encircling not of a long haul or 
swipe net operation constructed of small mesh 
webbing. The bunt net is used to form a pen or pound 
from which the catch is dipped or bailed. 

HistoiyNote: Authority G.S. 113-134: 1438-289.52: 
Eff. Jamimy 1 . 1991: 

Amended Ejf. March 1, 1995: March 1. 1994: October /, 1993: 
July I. 1993: 



1315 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



Recodified from 15A NCAC 31.000! Eff. December 1^. 1996: 
Amended Eff. April 1 . 1999: August I. 1998: April 1. 1997. 

SUBCHAPTER 3J - NETS, POTS, DREDGES, AND 
OTHER FISHING DEVICES 

SECTION .0100 - NET RULES, GENERAL 

.0107 POUND NETS 

(a) It is unlawful to use pound or fyke nets in internal coastal 
fishing waters without the owner's identification being clearly 
printed on a sign no less than six inches square, securely 
attached on an outside comer stake of each such net. Such 
identification must include one of the following: 

( 1 ) For pound nets, the pound net permit number and the 
owner's last name and initials. 

(2) For fyke nets, the owner's N.C. motorboat registration 
number or the owner's last name and initials. 

Any pound or fyke net or any part thereof found set in internal 
coastal fishing waters without proper identification will be in 
violation and may be removed and disposed of in accordance 
withG.S. 113-137. 

(b) It is unlawful to set pound nets, or any part thereof except 
location identification stakes at each end of proposed new 
locations without first obtaining a Pound Net Permit from the 
Fisheries Director. 

( I ) For proposed new locations, the Fisheries Director 
shall issue a public notice of intent to consider 
issuance of a Pound Net Permit, and may hold public 
meetings to take comments on the proposed pound net 
set. The Fisheries Director shall approve or deny the 
permit within 60 days of application. The Fisheries 
Director may deny the permit application if it is 
determined that granting the permit will be 
inconsistent with one or more of the following 
permitting criteria: 

(A) The application is in the name of an individual. 

(B) The proposed pound net set. either alone or 
when considered cumulatively with other 
existing pound net sets in the area, will not 
unduly interfere with public navigation. 

(C) The proposed pound net set. either alone or 
when considered cumulatively with other 
existing pound net sets in the area, will not 
unduly interfere with existing, traditional uses 
of the area other than navigation. 

(D) The proposed pound net set will not interfere 
with the rights of any riparian or littoral 
landowner, including the construction or use of 
piers. 

(E) The proposed pound net set will not. by its 
proximate location, unduly interfere with 
existing pound net sets in the area. 

(F) The applicant has in the past complied with 
fisheries laws related to pound nets. 

(G) The proposed pound net set is in the public 
interest. 

Approval may be conditional based upon the 



applicant's continuing compliance with specific 
conditions contained in the Pound Net Permit 
that would ensure that the operation of the 
pound net is consistent with the criteria for 
permit denial set out in Parts (A) through (G) 
of this Subparagraph. The Fisheries Director's 
final decision to approve or deny the Pound 
Net Permit application may be appealed by 
filing a petition for a contested case hearing, in 
writing, within 60 days notice of such action, 
with the Office of Administrative Hearings. 

(2) An application for renewal of an existing Pound Net 
Permit shall be filed not less than 10 days prior to the 
date of expiration of the existing permit, and shall not 
be processed unless filed by the prior permittee. 
When a written objection to a renewal has been 
received during the term of the existing permit, the 
Fisheries Director shall review the renewal application 
under the criteria for issuance of a new Pound Net 
Permit, and may decline to renew the permit 
accordingly. 

(3) A Pound Net Permit, whether a new or renewal 
permit, shall expire 365 days from the date of 
issuance. 

(c) It is unlawful to abandon an existing pound net set without 
completely removing from the public bottom or coastal waters 
all stakes and associated structures, gear and equipment within 
30 days, or to fail within 30 days to completely remove from the 
public bottom or coastal waters all stakes and other structures, 
gear and equipment associated with any pound net set for which 
a permit is revoked or denied. Pound nets shall be fully 
operational and subject to inspection during the peak of their 
respective fishing seasons. Consideration shall be given for 
unusually severe weather conditions which prevent the nets from 
being fully operational during the inspection period. Herring 
pounds may be inspected two weeks prior to or after April 1 , 
sciaenid pounds two weeks prior to or after July 15, flounder 
pounds two weeks prior to or after October 1 5. bait pounds two 
weeks prior to or after April 1 5. and shrimp pounds two weeks 
prior to or after June 15. A violation under this Paragraph shall 
be grounds for the Fisheries Director to revoke any other Pound 
Net Permits held by the violator and for denial of any future 
pound net set proposed by the offender. 

(d) It is unlawful to transfer ownership of a pound net without 
notification to the Division of Marine Fisheries within 30 days 
of the date of the transfer. Such notification shall be made by 
the new owner in writing and shall be accompanied by a copy of 
the previous owner's permit and an application for a pound net 
permit in the new owner's name. Failure to do so shall result in 
revocation of the pound net pennit. 

(e) Every pound net set shall have a marked navigational 
opening of at least 25 feet in width at the end of every third 
pound. Such opening shall be marked with yellow light 
reflective tape or devices on each side of the opening. The light 
reflective tape or devices shall be affixed to a stake of at least 
three inches in diameter, shall cover a vertical distance of not 
less than 12 inches, and shall be visible from all directions by a 
vessel approaching the pound net set. In addition. ever\ pound 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1316 



APPROVED RULES 



net in internal coastal fishing waters shall have yellow light 
reflective tape or devices on each pound. The light reflective 
tape or devices shall be affixed to a stake of at least three inches 
in diameter on the offshore end of each pound, shall cover a 
vertical distance of not less than 12 inches, and shall be visible 
from all directions by a vessel approaching the pound net set. If 
a permittee notified of a violation under this Paragraph fails or 
refuses to take corrective action sufficient to remedy the 
violation within 15 days of receiving notice of the violation, the 
Fisheries Director shall revoke the permit. 

(f) In Core Sound, it is unlawful to use pound nets in the 
following areas except that only those persons holding a valid 
pound net permit within the specified area as of March 1 , 1 994, 
may renew their permits subject to the requirements of this Rule: 

( 1 ) That area bounded by a line beginning at Green Day 
Marker #3 near Hog Island Point running 124° (M) to 
Green Flasher #13; thence 026° (M) to Green Flasher 
#11; thence 294° (M) to a point on shore north of 
Great Ditch 34° 58' 54" N - 76° 15' 06" W; thence 
following the shoreline to Hog Island Point 34° 58' 
27" N -^76° 15' 49" W; thence 231° (M) back to 
Green Day Marker #3. 

(2) That area bounded by a line beginning at Green Day 
Marker #3 near Hog Island Point running 218° (M) to 
Cedar Island Point 34° 57' 33" N - 76° 16' 34" W; 
thence 156° (M) to Red Flasher #18; thence 011° (M) 
to Red Flasher #2; thence 302° (M) back to Green 
Marker #3. 

(3 ) That area bounded by a line beginning on Long Point 
34° 56' 52" N- 76° 16' 42" W; thence running 105° 
(M) to Red Marker #18; thence running 220° (M) to 
Green Marker #19; thence following the six foot 
contour past the Wreck Beacon to a point at 34° 53' 
45" N - 76° 18' 11" W; thence 227° (M) to Red 
Marker #26; thence 229° (M) to Green Marker #27; 
thence 271 ° (M) to Red Flasher #28; thence 225° (M) 
to Green Flasher #29; thence 256° (M) to Green 
Flasher #3 1 ; thence 22 1° (M) to Green Flasher #35; 
thence 216° (M) to Green Flasher #37; thence 291 ° 
(M) to Bells Point 34° 43' 42" N - 76° 29' 59" W; 
thence north following the shoreline of Core Sound 
across the mouth of Jarrett Bay, Oyster Creek. Fulcher 
Creek. Willis Creek. Nelson Bay, Styron Bay. East 
Thorofare Bay and Rumley Bay. back to Long Point. 

(g) In Pamlico Sound, it is unlawful to set a pound net. pound 
net stakes, or any other related equipment without radar 
reflective metallic material and yellow light reflective tape or 
devices on each end of the pound net set. The radar reflective 
material and the light reflective tape or devices must be affixed 
to a stake of at least three inches in diameter, must cover a 
vertical distance of not less than 12 inches, and must be 
detectable by radar and light from a vessel when approached 
from all directions. Light reflective tape or devices ma\' be 
affixed to the radar reflective material. 

(h) Escape Panels: 
( 1 ) The Fisheries Director may. by proclamation, require 
escape panels in pound nets and ma\' impose an\ or all 
of the following restrictions on the use of escape 



panels: 

(A) Specify size, number, and location. 

(B) Specify mesh length, but not more than six 
inches. 

(C) Specify time or season. 

(D) Specify areas. 

(2) It is unlawful to use flounder pound nets without four 
unobstructed escape panels in each pound south and 
east of a line beginning at a point on Long Shoal Point 
at 35° 57' 23,7" N-76° 00' 49"W; thence running 
1 16.5° (T) 2.764 yards to Green Marker No. 5 east of 
the Intracoastal Waterway in the Alligator River at 
35° 56' 43.9" N-75° 59' 18"W; thence following 
Route #1 of the Intracoastal Waterway in Albemarle 
Sound to Green Marker No. 171 at 36° 09' 18.2" N- 
75° 53' 29.5" W; thence running 299° (T) 2.160 yards 
to a point on Camden Point at 36° 09' 52.5" N - 75° 
54' 39.9" W. The escape panels must be fastened to 
the bottom and comer ropes on each wall on the side 
and back of the pound opposite the heart. The escape 
panels must be a minimum mesh size of five and one- 
half inches, hung on the diamond, and must be at least 
six meshes high and eight meshes long. 

History Note: Authorm- G.S. 113-134; 113-152; 113-182; 

113-221; 143B-289.53; 

Eff. Januarys 1 . 1991; 

Amended Eff. April L 1999; March 1. 1996; March 1. 1994; 

September 1. 1991: Jamaiy I. 1991. 

SUBCHAPTER 3M - FINFISH 

SECTION .0500 - OTHER FINFISH 

.0503 FLOUNDER 

(a) It is unlawful to possess flounder: 

( 1 ) Less than 1 3 inches in length taken from internal 
waters: 

(2) Less than 14 inches in length taken from the Atlantic 
Ocean with commercial fishing equipment or by hook- 
and-line or gig if claiming the exemption specified in 
Paragraph (f) of this Rule; 

(3) Less than 1 5 inches in length taken from the Atlantic 
Ocean by hook-and-line or gig. 

(b) From October 1 through April 30. it shall be unlawful to 
use a traw 1 in the Atlantic Ocean within three miles of the ocean 
beach from the North CarolinaA'irginia state line (35° 33' N) to 
Cape Lookout (34° 36' N) unless each trawl has a mesh length 
of 5 Vi inches or larger diamond mesh (stretched) or 6 inches or 
larger square mesh (stretched) applied throughout the bod\. 
extension(s) and the cod end (tailbag) of ihe net except as 
provided in Paragraphs (h) and (i) of this Rule. 

(c) License to Land Flounder from the Atlanfic Ocean: 

( 1 ) It is unlaw ful to land more than 1 GO pounds per ti"ip of 
flounder taken from the Atlantic Ocean unless the 
vessel has been issued a License to Land Flounder 
from the Atlantic Ocean. 

(2) It is unlawful for a fish dealer to purchase or offload 



1317 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



more than 100 pounds of flounder taken from the 
Atlantic Ocean by a vessel that has not first procured 
a valid North Carolina License to Land Flounder from 
the Atlantic Ocean. 

(3) To qualify for a North Carolina License to Land 
Flounder from the Atlantic Ocean, a vessel shall have; 

(A) been licensed under G.S. 113-152 or 1 13-153 
during any two of the 1992-93. 1993-94. or 
1994-95 license years, and 

(B) landed in North Carolina at least 1 ,000 pounds 
of flounder each year from the Atlantic Ocean 
during any two of the 1992-93, 1993-94, or 
1994-95 license years for which the vessel was 
licensed to land in North Carolina. 

(4) At least 10 days prior to issuance, applicants for the 
license shall complete an application form provided 
by the Division of Marine Fisheries and submit it to 
the North Carolina Division of Marine Fisheries, Post 
Office Box 769, 3441 Arendell Street. Morehead City. 
North Carolina 28557. The following information is 
required: 

(A) Valid documentation papers or current motor 
boat regisfration or copy thereof; 

(B) Proof of required licenses and flounder 
landings data for that vessel during the years 
the vessel was licensed. 

Licenses shall be issued to qualifying vessels at no fee 
and only from the Morehead City Office of the 
Division of Marine Fisheries. 

(5) Licenses may only be transferred: 

(A) with the fransfer of the ownership of a vessel 
holding a License to Land Flounder from the 
Atlantic Ocean to the new owner of that vessel; 
or 

(B) by the owner of a vessel to another vessel 
under the same ownership. The vessel owner 
is only eligible for the same number of 
Licenses to Land Flounder from the Atlantic 
Ocean for which his boats qualify. 

(6) Any transfer of license under this Paragraph must be 
facilitated through the Division of Marine Fisheries 
Morehead City Office only. 

(7) It is unlawful for any individual to land flounder from 
the Atlantic Ocean without having ready at hand for 
inspection a valid License to Land Flounder from the 
Atlantic Ocean, except as specified in Subparagraph 
(c)(1) of this Rule. 

(8) Suspension or Revocation: 

(A) A License to Land Flounder from the Atlantic 
Ocean issued under this Rule shall be subject 
to suspension or revocation pursuant to the 
provisions of 15A NCAC 3P, except that this 
license shall be subject to revocation pursuant 
to the provisions of G.S. 113-166 when the 
licensee is convicted of a criminal offense 
within the jurisdiction of the Department under 
the provisions of Subchapter IV of G.S. 1 13, or 
of the rules of the Marine Fisheries 



Commission adopted under the authority of 

that Subchapter. 
(B) The Division may commence proceedings 

under 15A NCAC 3P. for suspension or 

revocation of a License to Land Flounder from 

the Atlantic Ocean if it finds: 
(i) the license was obtained by providing 
any false information or willfully 
omitting required information when the 
information is material to the securing 
of the license; or 

(ii) the license was falsified, fraudulently 
altered, or counterfeited; or 

(iii) the licensee practices any fraud or 
deception designed to evade the 
provisions of this Rule or reasonable 
administrative directives made under the 
authority of this Rule or G.S. 113- 
182(b)(3). 

(d) It is unlawful to transfer flounder taken from the Atlantic 
Ocean from one vessel to another. 

(e) it is unlawful to possess more than eight flounder per 
person per day taken by hook-and-line or gig from the Atlantic 
Ocean. 

(0 Persons fishing from a vessel with a valid vessel 
endorsement to sell or persons fishing but not from a vessel who 
hold a valid nonvessel endorsement to sell are exempt from the 
possession limit in Paragraphs (a) (3) and (e) of this Rule. 

(g) Tailbag liners of any mesh size, the multiple use of two or 
more cod ends, or other netting material that in any way could 
restrict the legal size mesh required by this Rule, shall not be 
used or possessed on the deck of a vessel in the Atlantic Ocean 
from October I through April 30 from the North 
Carolina/Virginia state line (36° 33' N) to Cape Lookout (34° 
36' N). 

(h) Trawls with a cod end mesh size smaller than described in 
Paragraph (b) of this Rule may be used or possessed on the deck 
of a vessel provided not more than 100 pounds of flounder per 
trip from May 1 through October 3 1 or more than 200 pounds 
from November 1 through April 30 is possessed aboard or 
landed from that vessel. 

(i) Flynets are exempt from the flounder trawl mesh 
requirements if they meet the following definition; 

( 1 ) The net has large mesh in the wings that measure 8 
inches to 64 inches; 

(2) The first body section (belly) of the net has 35 or 
more meshes that are at least 8 inches; and 

(3) The mesh decreases in size throughout the body of the 
net to as small as 2 inches or smaller towards the 
terminus of the net. 

(}) Commercial Season. 
( I ) The North Carolina season for landing ocean-caught 
flounder shall open January I each year If 70 percent 
of the quota allocated to North Carolina in accordance 
with the joint Mid-Atlantic Fishery Management 
Council/Atlantic States Marine Fisheries Commission 
Fishery Management Plan for Summer Flounder is 
projected to be taken, the Fisheries Director shall, by 



13:16 



NORTH CAROLINA REGISTER 



February IS, 1999 



1318 



APPROVED RULES 



proclamation, close North Carolina ports to landing of 
flounder taken from the ocean. 

(2) The season for landing flounder taken in the Atlantic 
Ocean shall reopen November 1 if any of the quota 
allocated to North Carolina in accordance with the 
joint Mid- Atlantic Fishery Management 
Council/Atlantic States Marine Fisheries Commission 
Fishery Management Plan for Summer Flounder 
remains. If after reopening, 100 percent of the quota 
allocated to North Carolina in accordance with the 
joint Mid-Atlantic Fishery Management 
Council/Atlantic States Marine Fisheries Commission 
Fishery Management Plan for Summer Flounder is 
projected to be taken prior to the end of the calendar 
year, the Fisheries Director shall, by proclamation, 
close North Carolina ports to landing of flounder 
taken from the ocean. 

(3) During any closed season prior to November 1, 
vessels may land up to 1 00 pounds of flounder per trip 
taken from the Atlantic Ocean. 

(k) The Fisheries Director may, by proclamation, establish 
trip limits for the taking of flounder from the Atlantic Ocean to 
assure that the individual state quota allocated to North Carolina 
in the joint Mid-Atlantic Fishery Management Council/ Atlantic 
States Marine Fisheries Commission Fishery Management Plan 
for Summer Flounder is not exceeded. 

History Note: Filed as a Temporary Amendment Eff. 

November I, 1995 for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner; 

Authorit\'G.S. 113-134: 113-182; 113-221; 143B-289.52; 

Eff January 1. 1991: 

Amended Eff March 1. 1996: Februaiy 1. 1992; 

Temporary Amendment Eff. December 23. 1996; 

Amended Eff .4pril 1. 7997; 

Temporary Amendment Eff. June 1, 1998. August 18. 1997; 

Amended Eff April L 1999; August 1. 1998. 

.0507 RECREATIONAL FISHING RESTRICTIONS 

(a) Bluemarlin: 

(1) It is unlawful to possess blue marlin less than 96 
inches in length from the lower jaw to the fork in the 
tail. 

(2) It is unlawful to possess more than one blue marlin 
per person per day. 

(b) White marlin: 

(1) It is unlawful to possess white marlin less than 66 
inches in length from the lower jaw to the fork in the 
tail. 

(2) It is unlawful to possess more than one white marlin 
per person per day. 

(c) Sailflsh: 

( 1 ) It is unlawful to possess sailfish less than 57 inches in 
length from the lower jaw to the fork in the tail. 

(2) It is unlawful to possess more than one sailflsh per 
person per day. 

(d) Cobia: 

( 1 ) It is unlawful to possess cobia less than 33 inches fork 



length taken by hook-and-line. 
(2) It is unlawful to possess more than two cobia per 
person per day taken by hook-and-line. 
(e) Dolphin: 

(1) It is unlawful to possess more than 10 dolphin per 
person per day. 

(2) Exemptions: 

(A) Charter vessels with a valid National Marine 
Fisheries Service Charter Vessel Coastal 
Migrator)' Pelagic Permit and licensed by the 
U.S. Coast Guard to carry six or less 
passengers for hire, may possess a maximum of 
60 dolphin per day regardless of the number of 
people on board. 

(B) Vessels with a valid commercial National 
Marine Fisheries Service Federal Coastal 
Migratory Pelagic Permit including 
charterboats when fishing with three or less 
persons (including captain and mate) on board 
are exempt from the creel limits set out in 
Subparagraph (e)( 1 ) of this Rule. 

History Note: Authority G.S. 113-134; 113-182; 113-221; 

143B-289.52: 

Eff January 1. 1991; 

Amended Eff: March 1. 1996; March 1. 1994; February 1. 1992; 

September 1. 1991: 

Temporary Amendment Eff. June 1. 1998: September 9. 1996; 

Amended Eff. April 1. 1999; July I. 1998 

SUBCHAPTER 3P - HEARING PROCEDURES 

SECTION .0200 - DECLARATORY RULINGS 

.0203 DEFINITION 

For purposes of Rule .0202 of this Subchapter, a declaratory 
ruling shall be deemed to be "in effect" until the statute or rule 
interpreted by the declaratory ruling is amended, altered or 
repealed; until the Commission changes the declaratory ruling 
prospectively for good reasons: until any court sets aside the 
ruling in litigation between the Commission or Department of 
Environment and Natural Resources and the party requesting the 
rule: or until any court of the Appellate Division of the General 
Court of Justice shall construe the statute or rule which is the 
subject of the declaratory ruling in a manner plainly 
irreconcilable with the declaratory ruling. 



History Note: .Authority 
143B-289.53; 150B-4; 
Eff April 1. 1999. 



G.S 



113-134; 113-182; 



CHAPTER 6 - SOIL AND WATER CONSERVATION 
COMMISSION 

SUBCHAPTER 6E - AGRICULTURE COST 

SHARE PROGRAM FOR NONPOINT 

SOURCE POLLUTION CONTROL 



1319 



NORTH CAROLINA REGISTER 



Februarys IS, 1999 



13:16 



APPROVED RULES 



SECTION .0100 - AGRICULTURE 
COST SHARE PROGRAM 

.0105 COST SHARE AND INCENTIVE PAYMENTS 

(a) Cost share and incentive payments may be made through 
LTA's or AA's between the district and the applicant. 

(b) For all practices except those eligible for CSl, the state 
shall provide 75 percent and the applicant 25 percent of the 
average cost for BMP installation. In-kind contributions by the 
applicant shall be included in the applicants' cost share 
contribution. In-kind contributions shall be specified in the 
agreement for cost sharing and shall be approved by the district. 

(c) Payments for BMP's restricted to the CSI shall be limited 
to a maximum of three years per farm. 

(d) Average installation costs for each comparative area or 
region of the state and the amount of cost share incentive 
payments shall be updated and revised annually by the Division 
for approval by the Commission. 

(e) The maximum total cost share payments to an applicant 
shall be limited to seventy-five thousand dollars ($75,000) per 
year. 

(f) Cost share payments to implement BMP's under this 
program may be combined with other funding programs, as long 
as the combined cost share rate does not exceed the amount and 
percentages set forth in Paragraphs (b) and (e) of this Rule. For 
special funding programs where the applicant relinquishes all 
production capability on his or her agriculture land for at least 1 
_\ears. combined funding may equal up to 100 percent. 
Agriculture Cost Share Program funding shall not exceed 75 
percent of the average cost of BMP installation. 

(g) Use of cost share payments is restricted to land located 
within the county approved for funding by the Commission. In 
the situation where an applicant's farm is not located solely 
within a county, the entire farm, if contiguous, shall be eligible 
for cost share payments. 

(h) Cost share contracts used on or for local, state or federal 
government land must be approved by the Commission in order 
to avoid potential conflicts of interest and to ensure that such 
contracts are consistent with the purposes of this program. 

History' Note: Authority G.S. 139-4: 139-8: 143-21 5. '4: 

143B-294: 

Eff. May 1. 1987: 

Temporary Amendment Eff. September 23. 1996: 

Recodified from 15A NCAC 6E .0005 Eff. December 20. 1996: 

Temporaty Amendment Expired on June 13. 1997: 

Amended Eff. .April L 1999: January 1. 1998. 

CHAPTER 8 - WATER POLLUTION CONTROL 

SYSTEM OPERATORS CERTIFICATION 

COMMISSION 

SUBCHAPTER 8G - AUTHORITY: ORGANIZATION 

STRUCTURE: DEFINITIONS AND HEARING 

PROCEDURES 

SECTION .0100 - GENERAL PURPOSE AND 
DEFINITIONS 



.0101 PURPOSE 

The purpose of these Rules is to: 

(1) protect the public health of the citizens of the State; 
and 

(2) conserve, protect, and maintain the quality of the 
water resources of the State as assigned by the North 
Carolina Environmental Management Commission; 
and 

(3) protect the public investment in water pollution 
control systems: and 

(4) provide for the classification of water pollution 
control systems; and 

(5) establish the procedures for the examination and 
certification of operators of water pollution control 
systems. 

History Note: A uthority G. S. 90A-35: 
Eff April L 1999. 

.0102 DEFINITIONS 

(a) "Activated sludge" shall mean a biological wastewater 
treatment process in which predominantly biodegradable 
pollutants in wastewater are absorbed, or adsorbed, by living 
aerobic organisms and bacteria in an aerated suspension which 
is separated from the treated wastewater gravimetrically. 

(b) "Actual experience" shall mean the time working as a 
water pollution control system operator or operator in 
responsible charge. An operator is an individual whose principal 
job responsibility is the actual physical operation of process 
equipment and systems at a water pollution control system. 
Primary job responsibilities such as laboratory testing, facility 
and equipment maintenance, administrative support, or direct, or 
indirect, supervision do not qualify as actual experience. 

(c) "Approved training" shall mean any training, required in 
order to be eligible for an examination or to meet continuing 
education requirements, that has been approved by the 
Commission in accordance with 15 NCAC 8G .0701. 

(d) "Back-up ORC" shall mean Back-up Operator in 
Responsible Charge and refers to the operator who is designated 
to act as surrogate for the Operator in Responsible Charge 
(ORC) when the ORC is absent from their professional duties as 
set forth in G.S. 90A-44. 

(e) "Basic sciences" shall mean courses in agronomy, biology, 
botany, chemistry, engineering, environmental health and 
sciences, geology, math, physics, soil science, and zoologx 
offered b>' an accredited college or university. 

(f) "Biological Nutrient Removal" shall mean the reduction of 
total nitrogen or total phosphorous by an activated sludge or 
fixed growth process. 

(g) "Chemical process" shall mean a water pollution control 
system process consisting exclusively of the addition of 
chemicals to treat wastewaters. 

(h) "Collection system" shall mean a continuous connection 
of pipelines, conduits, pumping stations and other related 
constructions or devices used to conduct wastewater to a water 
pollution control system. 

(i) "Commission" shall mean the Water Pollution Control 
System Operators Certification Commission created by G.S. 



13:16 



NORTH CAROLINA REGISTER 



Fehruan' 15, 1999 



1320 



APPROVED RULES 



143B-300. 

(]) "Contact Hour" shall mean one hour of Commission 
approved operator instruction in accordance with 15 NCAC 8G 
.0701. 

(k) "Contract operations firm" shall mean any commercial 
water pollution control system operations firm which contracts 
with the owner of a water pollution control system to provide 
operational services for the system pursuant to G.S. 90A-45(a). 

(I) "Contract operator" shall mean any certified water 
pollution control system operator who contracts with the owner 
of a water pollution control system to provide operational and 
other services for the system pursuant to G.S. 90A-45(a). 

(m) "Currently valid certificate" shall mean the certificate of 
an operator that has all required renewal fees paid, all required 
continuing education training completed, and has not been 
revoked, relinquished, invalidated, or suspended. 

(n) "Electrodialysis system" shall mean a system utilizing a 
selective separation of dissolved solids process that is based on 
electrical charge and diffusion through a semipermeable 
membrane. 

(o) "Fixed growth" shall mean a biological wastewater 
treatment system in which the wastewater is treated by contact 
with a biological growth that is affixed to support media and 
includes systems such as trickling filters, rotating biological 
contactors, and biological tower treatment systems. 

(p) "GED" shall mean general educational development in 
reference to a high school diploma equivalency. 

(q) "ORC" shall mean the individual designated by a person, 
firm, or corporation (municipal or private) owning or having 
control of a water pollution control system as the operator of 
record of the water pollution control system and who has 
primary responsibility for the operation of such system as 
defined in G.S. 90A-46. 

(r) "Owner" shall mean the person, firm, or corporation 
(municipal or private) owning or having control of a water 
pollution control system as described in G.S. 90A-44. 

(s) "Passing score" shall mean earning 70 percent of the 
available points on an examination administered by the 
Commission. 

(t) "Permanent certificate" shall mean the certificate of 
competency issued by the Commission to an individual as the 
result of the individual obtaining a passing score on an 
examination administered by the Commission, or a certificate 
issued by reciprocity agreement by the Commission, and is 
subject to the provisions of G.S. 90A-4G(a). 

(u) "Physical/Chemical system" shall mean any water 
pollution control system which utilizes a physical and/or a 
chemical process. 

(v) "Physical process" shall mean any water pollution control 
system process consisting of electrodialysis, adsorption, 
absorption, air stripping, gravimetric sedimentation, flotation or 
filtration as the means of treatment. 

(w) "Reciprocity certificate" shall mean a certificate issued of 
the appropriate type and grade without examination to any 
person who is properly registered on the "National Association 
of Boards of Certification" Reciprocity Register and who meets 
all other requirements of these Rules as set forth in G.S. 90A- 
40(b). 



(x) "Regional office" shall mean one of the seven local 
offices of the Division of Water Quality located across the State. 

(y) "Residuals" shall mean any solid or semisolid byproduct 
that is produced by the treatment of wastewater in a water 
pollution control system. 

(z) "Reverse osmosis system" shall mean a system which 
utilizes solutions and semipermeable membranes to separate and 
treat wastewaters. 

(aa) "Satisfactory completion" shall mean the attendance of 
at least 80 percent of the approved training. 

(bb) "Temporary certificate" shall mean a certificate issued of 
an appropriate type and grade, without examination, to any 
person employed as a water pollution control system operator 
when the Commission finds that the supply of certified 
operators, or persons with the training and experience necessary 
for certification, is inadequate and the situation meets the 
requirements set forth in G.S. 90A-40(e). 

(cc) "Ultrafiltration system" shall mean a system which 
utilizes a membrane filter process to remove pollutants from 
wastewater. 

(dd) "Water pollution control system" shall mean any system 
for the collection, treatment, or disposal of wastewater and is 
classified under the provisions of G.S. 90A-37. 

Histoty Note: Authority G.S. N3B-300; 
Eff. April 1, 1999. 

SECTION .0200 - DUTIES AND RESPONSIBILITES 

.0201 REQUIREMENTS FOR CERTIFIED 
OPERATORS 

Owners of classified water pollution control systems shall 
designate operators, certified by the Water Pollution Control 
System Operators Certification Commission (WPCSOCC), of 
the appropriate type and grade for the system, and, for each 
system, must designate: 

(1) one Operator In Responsible Charge (ORC) who 
possesses a currently valid certificate of the type and 
grade at least equivalent to the type and grade of the 
system; and 

(2) one or more Back-up Operator(s) in Responsible 
Charge (Back-up ORCs) who possesses a currently 
valid certificate of the type of the system and no more 
than one grade less than the grade of the system, with 
the exception of residential systems with a design 
flow of less than 1,500 gallons per day. 

History Note: Authority G.S. 90A-37; 90A-38: 90A-39; 
EJl April I. 1999. 

.0202 RESPONSIBILITIES OF SYSTEM OWNERS 

(a) The owner of a classified water pollution control system 
must: 

( 1 ) designate one Operator in Responsible Charge (ORC) 
and one or more Back-up Operator(s) in Responsible 
Charge (Back-up ORCs) of the appropriate type and 
grade for the system as set forth in Rule .0201(a) of 
this Section; and 



1321 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



(2) submit a signed letter to the Commission (local health 
department for owners of subsurface systems), 
countersigned by the designated certified operators, 
designating the Operator in Responsible Charge 
(ORC) and the Back-up Operator in Responsible 
Charge (Back-up ORC): 

(A) 60 calendar days prior to wastewater or 
residuals being introduced into a new system; 
or 

(B) within 120 calendar days following: 

(i) receiving notification of a change in the 
classification of the system requiring the 
designation of a new Operator in 
Responsible Charge (ORC) and Back- 
up Operator in Responsible Charge 
(Back-up ORC) of the proper type and 
grade; or 
(ii) a vacancy in the position of Operator in 
Responsible Charge (ORC) or Back-up 
Operator in Responsible Charge (Back- 
up ORC). 
(b) Upon the vacancy of the Operator in Responsible Charge 
(ORC) position for a system, the owner of the system must 
notify the appropriate regional office of the Division of Water 
Quality (local health department for owners of subsurface 
systems) of the vacancv. within 10 working days. If the 10 day 
notification was not made in writing, then within 20 working 
days of the vacancy written notification must be submitted to the 
regional office. 

History Note: Authorit}' G.S. 90A-5'' through 90A-45; 

Eff. April I, 1999. 



.0204 RESPONSIBILITIES OF AN OPERATOR IN 
RESPONSIBLE CHARGE (ORC) 

An Operator in Responsible Charge (ORC) of a water 
pollution conttol system must: 

( 1 ) possess a currently valid certificate of the appropriate 
type and grade for the system; and 

(2) visit the system as often as is necessary to insure the 
proper operation of the system but in no case less 
frequently than specified in the following schedule: 

(a) biological grade 1 systems with the exception 
of Sub-item (2)(e) of this Rule; weekK; 

(b) biological grade II, HI, and IV systems, other 
than those systems specified in Rule 
.0204(2)(f) of this Section; five days per week, 
excluding holidays and weekends unless 
otherwise specified in the permit; 

(c) spray irrigation systems with the exception of 
Sub-item (2)(e) of this Rule; weekly. 

(d) collection systems; within 24 hours of 
knowledge of a bypass, spill, or overflow of 
wastewater from the system unless visited by a 
collection system Back-up Operator in 
Responsible Charge; 

(e) domestic wastewater systems with a treatment 
capacity of 1500 gallons per da\ or less; twice 



per year with a six month interval between 
visits; 

(f) domestic wastewater aerobic treatment units 
(ATUs) with a treatment capacity of 1500 
gallons per day or less; weekly; 

(g) systems permitted under rules adopted by the 
Commission for Health Services; as required 
by 15ANCAC 18A.1961; 

(h) physical/chemical systems: 

(i) grade I systems, including groundwater 

remediation systems; weekly; 
(ii) grade II systems; five days per week, 
excluding holidays and weekends unless 
otherwise specified in the permit; 
(i) systems not otherwise classified; as specified 
by the Commission based on the complexity of 
the system; and 

(3) operate and maintain the system efficientK and 
attempt to insure the compliance of the system with 
any permit(s) issued for the system as well as any 
other applicable local, state, and federal 
environmental permitting and regulatory requirements; 
and 

(4) certify, by signature, as to the validity of all 
monitoring and reporting information performed on 
the system as prescribed in any permit issued for the 
system; and 

(5) document the operation, maintenance, and all 
visitation of the system in a daily log that shall be 
maintained at the system; and 

(6) notify the owner of the system in writing within five 
calendar days of first knowledge, of any: 

(a) overflows from the system or any tt^eatment 
process unit; or 

(b) bypasses of the system or any tteatment 
process unit; and 

(7) notify the owner, in writing, of the need for any 
system repairs and modifications that may be 
necessarv to insure the compliance of the system with 
all local, state, and federal environmental permitting 
and regulatory requirements; and 

(8) be available: 

(a) for consultations with the s_\stem owner and 
regulator, officials; and 

(b) to handle emergency situations; and 

(c) to provide access to the facility by regulatory 
agencies. 

Hlstoiy Note: Authorit}- G.S. 90A-37 through 90A-40: 90A- 

44: 

Eff. .April /, 1999. 

.0205 RESPONSIBILITIES OF A BACK-UP 

OPERATOR IN RESPONSIBLE CHARGE 
(BACK-LIP ORC) 

TTie Back-up Operator in Responsible Charge (Back-up ORC): 

( I ) ma\ act as surrogate for the Operator in Responsible 

Charge (ORC), if they possess a currentK valid 



13:16 



NORTH CAROLINA REGISTER 



Fehruan' 75, 1999 



1322 



APPROVED RULES 



certificate of the appropriate type and grade for the 
system, for a period: 

(a) not to exceed 20 percent of the system 
visitations required per calendar year under 
Rule .0204(2) of this Section: or 

(b) not to exceed 120 consecutive days when the 
Operator in Responsible Charge (ORC) is 
absent due to: 

(i) the vacancy of the Operator in 

Responsible Charge (ORC) position; or 

(ii) personal or familial illness: and 

(2) must fulfill all of the requirements of Rule .0204 of 

this Section when acting as surrogate for the Operator 

in Responsible Charge (ORC). 

History Note: Authority G.S. 90A-37: 90A-44; 
Eff. April 1. 1999. 

SECTION .0300 - CLASSIFICATION OF WATER 
POLLUTION CONTROL SYSTEMS 

.0301 APPLICABILITY 

(a) The purpose of this Section is to establish procedures for 
the classification of water pollution control systems. 

(b) Not withstanding the requirements in Rules .0302 through 
.0307 of this Section, the Commission may modify the grade of 
a water pollution control system when: 

(1 ) special conditions created by system design features, 
or inherent operational requirements, exist which 
make normal operation of the system more or less 
complex: or 

(2) upgrades or other modifications to a system are 
completed: or 

(3) changes in Commission classification rules are made. 

(c) In-plant processes, and related water pollution control 
equipment which are integral parts of direct industrial 
production, shall not be considered water pollution control 
systems for the purpose of this Section. 

(d) Water Pollution Control Systems permitted under rules 
adopted by the Commission for Health Services shall be deemed 
classified pursuant to Rule .0307 of this Section. 

(e) Water Pollution Control Systems permitted under rules 
adopted by the Environmental Management Commission shall 
be classified by letter pursuant to Rules .0302 through .0308 of 
this Section. 

(f) Reservoirs, settling ponds and associated pumps and 
piping which are an integral part of closed-loop water recycle 
systems for the non-biological and non-toxic treatment of 
process water at sand, gravel, crushed stone and similar 
operations shall not be subject to the requirements of these Rules 
unless the Commission determines that the system is not being 
properly operated or maintained in accordance vsith permit 
conditions. 

(g) Any water pollution control system, regardless of type or 
ownership. ma\ be classified and required to designate an 
Operator in Responsible Charge (ORC) and a Back-up Operator 
in Responsible Charge (Back-up ORC), in the event that the 
Commission determines that the system is not being properly 



operated or maintained. 

Hislon' Note: Authority' G.S. 90A-37; 
Eff. April 1. 1999. 

.0302 CLASSIFICATION OF BIOLOGICAL WATER 
POLLUTION CONTROL TREATMENT 
SYSTEMS 

(a) The following discharging systems shall be assigned a 
classification of Grade I Biological Water Pollution Control 
System unless the permitted flow, or operational complexity of 
the system, is sufficient to warrant special consideration by the 
Commission: 

(1) septic tank/sand filter systems; 

(2) biological lagoon systems; 

(3 ) constructed wetlands and associated appurtenances. 

(b) Systems that utilize an activated sludge or fixed growth 
process with a permitted flow less than or equal to 0.5 million 
gallons per day (mgd) shall be assigned the classification of 
Grade II Biological Water Pollution Control System. 

(c) Systems utilizing an activated sludge or fixed growth 
process with permitted flows of greater than 0.5 through 2.5 
million gallons per day (mgd) shall be assigned the classification 
of Grade III Biological Water Pollution Control System. 

(d) S\stems utilizing an activated sludge or fixed growth 
process with a permitted flow greater than 2.5 million gallons 
per day (mgd) shall be assigned a classification of Grade IV 
Biological Water Pollution Control System. 

(e) Any system receiving a classification of Grade II 
Biological Water Pollution Control System pursuant to 
Paragraph (b) of this Rule, that is required to achieve biological 
nutrient reduction, shall be assigned the classification of Grade 

III Biological Water Pollution Control System. 

(f) Any system receiving a classification of Grade III 
Biological Water Pollution Control System pursuant to 
Paragraph (c) of this Rule, that is required to achieve biological 
nutrient reduction, shall be assigned the classification of Grade 

IV Biological Water Pollution Control System. 

History Note: Authority G.S. 90A-37: 
Eff April L 1999. 

.0303 CLASSIFICATION OF WATER POLLUTION 
CONTROL COLLECTION SYSTEMS 

(a) Water pollution control collection systems operated to 
convey wastewater to water pollution control s>stems which are 
permitted or tributary to municipalities, regional water pollution 
control systems, water and sewer authorities, public utilities, or 
are a Grade II, III or IV state or federally owned system, shall be 
subject to classification in accordance with Rule .0303(b) of this 
Section. Any collection s\stem, regardless of ownership, may 
be classified and required to designate an Operator in 
Responsible Charge (ORC) and a Back-up Operator in 
Responsible Charge (Back-up ORC) if the Commission 
detemiines that the svstem is not being operated and maintained 
in a manner which prevents the escape of wastewater from the 
s\ stem into the environment. 

(b) Collection systems shall be assigned a classification that 



1323 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



13:16 



APPROVED RULES 



is: 

( 1 ) the same as the grade of the biological water pollution 
control system to which the collection system is 
tributary; or 

(2) based on the population served by the collection 
system in accordance with the following chart, 
whichever provides the lower grade: 

(A) 1,500 or less Grade 1; 

(B) 1,501 to 15,000 Grade II: 

(C) 15,001 to 50,000 Grade III; 

(D) 50,001 or more Grade IV. 

In the event that the population served cannot be 
determined, the equivalent population served shall be 
calculated by using the design flow of the system 
divided by a flow of 60 gallons per day per person. 

History Note: A uthohty G.S. 90A-3 7; 
Eff. April L 1999. 



.0306 CLASSIFICATION OF PHYSICAL/CHEMICAL 
WATER POLLUTION CONTROL 

TREATMENT SYSTEMS 

(a) Any water pollution control system, including systems 
designed for the remediation of contaminated groundwater, that 
utilizes a primarily physical process to treat wastewaters, with 
the exception of reverse osmosis, electrodialysis, and 
ultrafiltration systems, shall be classified as a Grade I 
Physical/Chemical Water Pollution Control System. 

(b) Any water pollution control system that utilizes a 
primarily chemical process to treat wastewaters, including those 
systems whose treatment processes are augmented by physical 
processes, shall be classified as a Grade II Physical/Chemical 
Water Pollution Control System. Reverse osmosis, 
electrodialysis, and ultrafiltration systems shall be classified as 
Grade II Physical/Chemical Water Pollution Control System. 

(c) Any water pollution control system that has, as part of its 
treatment process, a biological water pollution control system 
that may be classified under Rule .0302 of this Section shall be 
subject to additional classification as a biological water pollution 
control system. 

(d) Any water pollution control system subject to 
classification under Rule .0302 of this Section, utilizing a 
physical or chemical process to enhance an activated sludge or 
fixed growth process, shall not be subject to additional 
classification under this Rule. 

History^ Note: Authority G.S. 90A-37: 
Eff. .April L 1999. 



.0307 CLASSIFICATION OF SUBSURFACE WATER 
POLLUTION CONTROL SYSTEMS 

(a) Systems permitted under rules adopted by the 
Environmental Management Commission which utilize the soil 
for the subsurface treatment and disposal of wastewater shall be 
classified as subsurface water pollution control systems. 

(b) Any subsurface water pollution control system that is 
required to have a certified operator under 15A NCAC 18A 



.1961 shall be deemed classified as a subsurface water pollution 
control system. 

(c) Any subsurface water pollution control system that has as 
part of its treatment process a water pollution control system that 
may be classified under Rules .0302 through .0307 of this 
Section shall be subject to additional classification. If the 
subsurface system consists only of septic tanks, pump tanks, 
siphon or pump dosing systems, sand filters, grease traps or 
grease interceptors, or oil/water separators, and subsurface 
disposal of the wastewater, no additional classification will be 
required. 

Histoiy Note: A uthority G. S. 90A-3 7; 
Eff. April L '999. 

.0308 SYSTEMS NOT OTHERWISE CLASSIFIED 

The Commission may classify any water pollution control 
system which is not otherwise classified when that system is 
receiving wastewater that has distinctly different characteristics 
from typical domestic wastewater or is a water pollution control 
system which contains treatment processes that are sufficiently 
different from the conventional treatment processes classified in 
Rules .0302 through .0306 of this Section. 

Histoiy Note: A uthority G. S. 90A-3 7; 
Eff. April 1, 1999. 

SECTION .0400 - ELIGIBILITY REQUIREMENTS 
FOR EXAMINATIONS 

.0408 ELIGIBILITY REQUIREMENTS FOR 
OPERATOR IN TRAINING (OIT) 
CERTIFICATION 

(a) The Commission may allow an applicant for any water 
pollution control system operator certificate to take the 
examination if the individual has met all of the prerequisite 
education and certification requirements but is unable to meet 
the actual experience requirement. 

(b) Upon achieving a passing score on the examination, the 
applicant shall be issued an Operator In Training (OIT) 
certificate of the same type and grade as the examination. 

(c) The Operator In Training (OIT) certificate does not 
qualify the applicant to be designated as the Operator in 
Responsible Charge (ORC) or Back-up Operator In Responsible 
Charge (Back-Up ORC) of a system. 

(d) Operator In Training (OIT) certificates shall be renewed 
annually as stipulated in 1 5 A NCAC 8G .070 1 . 

(e) When the holder of an Operator in Training (OIT) 
certificate completes the prerequisite experience for the 
pemianent certificate at that type and level, the holder must 
submit an application documenting the experience, with the 
appropriate fee for a replacement certificate in order to receive 
the permanent certificate at that level. 

Histoiy Note: Authority- G.S. 90.4-39: 
Eff. .April 1 . 1999. 

SECTION .0500 - CERTIFICATION BY 



13:16 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



1324 



APPROVED RULES 



EXAMINATION 

.0501 APPLYING FOR EXAMINATION 

(a) All applications for examination submitted to the 
Commission must be: 

( 1 ) submitted on an application form; and 

(2) accompanied by the appropriate application fee: and 

(3) completed in entirety with all required information, 
documentation, and signatures provided; and 

(4) postmarked at least 30 days prior to the scheduled date 
of the examination. 

(b) Upon receipt of an application by the Commission, the 
application shall be reviewed for completeness and a 
determination as to the eligibility of the applicant to sit for the 
requested examination will be made. 

(c) Each applicant shall be notified, in writing, of their 
eligibility to sit for the requested examination. Individuals 
determined to be eligible for an examination shall receive written 
notification containing information concerning the date, time and 
location of the examination. This written notification shall be 
considered a receipt from the Commission to the applicant for 
the examination fee. Applicants found to be ineligible for an 
examination shall receive written notification of the ineligibility 
determination. 

(d) An\ applicant who obtains certification by supplying false 
information to the Commission shall be subject to disciplinary 
action(s) as set forth in Section .0800 of this Subchapter. 

History- Note: Authority G.S. 90.4-39: 90.4-41: 90.4-42: 
Eff. .4pnl I. 1999. 

.0503 EXAMINATION ADMINISTRATION 

(a) The Commission shall set the dates, times, and locations 
for all examinations. 

(b) Additional examinations may be administered by the 
Commission at any time, or at any location, when a sufficient 
number of applications have been received to warrant such an 
examination. 

(c) Before each applicant receives his/her examination paper, 
he/she shall identify themselves by way of a valid driver's 
license or other form of photo identification satisfactory to the 
proctor. 

Histon- Note: A uthority- G. S. 90 A- 39: 
Eff. April L 1999. 

SECTION .0600 - CERTIFICATION WITHOUT 
EXAMINATION 

.0601 RECIPROCITY CERTIFICATION 

(a) The Commission may issue certification without 
examination to individuals listed on the National Association of 
Boards of Certification (ABC) Reciprocity Register who possess 
certification of the same tvpe and grade as those certifications 
offered b\ the Commission. 

(b) All requests for reciprocity certification must be submitted 
on an approved application form and must be accompanied by 
the required fee and proof of listing on the ABC Reciprocity 



Register. Upon receipt of a reciprocity certificate application, a 
copy of the rules which govern certified water pollution control 
system operators, along with a copy of a Commission-approved 
Statement of Understanding agreement, shall be forwarded to the 
applicant. The applicant must remm the signed, notarized 
Statement of Understanding agreement verifying that they have 
read and are familiar with the rules which govern certified water 
pollution control system operators. 

(c) A reciprocity certificate shall be issued to the applicant 
upon receipt of the notarized Statement of Understanding by the 
Commission. Failure to complete and submit a notarized 
Statement of Understanding shall result in the request for 
reciprocity being denied. 

(d) Applicants for reciprocity certification shall not have 
taken and failed to achieve a passing score on a Commission- 
administered examination, of the same type and grade as that for 
which reciprocity certification is being requested, within the 
previous 24 month period prior to the date of the application for 
reciprocity certification. 

(e) Applicants who obtain reciprocity certification by 
providing false information to the Commission shall be subject 
to disciplinary action(s) as set forth in Section .0800 of this 
Subchapter. 

Histon Note: Authorit}' G.S. 90A-40: 90A-42: 
Eff. April I. 1999. 

.0602 TEMPORARY CERTIFICATES 

(a) Temporary certificates, of any type and grade, may be 
issued by the Commission to the operator of a water pollution 
control system, for a period not to exceed one year, due to: 

( 1 ) the unexpected vacancy of the Operator in 
Responsible Charge (ORC) or the Back-up Operator 
in Responsible Charge (Back-up ORC); or 

(2) the suspension or revocation of the certification of the 
Operator in Responsible Charge (ORC) or the Back- 
up Operator in Responsible Charge (Back-up ORC); 
or 

(3) a change in the classification of the system due to the 
completion of an upgrade or expansion, or permit 
modification; or 

(4) a modification to Commission rules. 

(b) Temporary Certificates shall only be issued for the 
Operator in Responsible Charge (ORC) or the Back-up Operator 
in Responsible Charge (Back-up ORC) of the system specified 
on the application. 

(c) All applications for a temporary certificate must: 

(1) be submitted by the owner of the system for the 
applicant; and 

(2) be accompanied by the required fee; and 

(3) include a letter from the owner that contains: 

(A) an explanation for the need of a temporal^ 
certificate for the applicant; and 

(B) an explanation of all of the efforts that were 
made to employ an operator who possessed the 
required certification; and 

(C) a statement designating the applicant as either 
the Operator in Responsible Charge (ORC) or 



U25 



NORTH CAROLINA REGISTER 



February' 15, 1999 



13:16 



APPROVED RULES 



Back-up Operator in Responsible Charge 
(Back-up ORC) of the system; and 
(D) a plan that describes the actions that: 

(i) the applicant will pursue in order to 
attempt to obtain permanent certification 
during the effective period of the 
temporary certificate; and 
(ii ) the owner of the system will be pursuing 
in the event that the applicant fails to 
obtain permanent certitlcation during 
the effective period of the temporary 
certificate. 

(d) Applicants for a temporary certificate must: 

( 1 ) for biological or collection system grade II or higher 
operator certification, possess a currently valid 
certificate of the same type as the system and that is 
no more than one grade lower than the classification 
of the system when applying as an Operator in 
Responsible Charge (ORC) and no more than two 
grades lower than the classification of the system 
when applying as a Back-up Operator in Responsible 
Charge (Back-up ORC); or 

(2) have a minimum of three months of actual experience 
in the operation of the type of system for which a 
temporary certificate is being applied if the temporary 
certificate is requested for a Grade 1 biological. Grade 
1 Physical/Chemical. Grade I Collection, Spray 
Irrigation, Land Application, or Subsurface Water 
Pollution Control System; and 

(3) be eligible for pennanent certitlcation prior to the 
expiration date of the temporary certificate; and 

(4) not have made three previous unsuccessful attempts 
to make a passing score on the same type and grade 
examination as the temporary certificate; and 

(5) have never relinquished, nor had revoked, any water 
pollution control operator certificate issued by the 
Commission. 

(e) Applicants who obtain a temporary certificate by 
providing false information to the Commission shall be subject 
to disciplinary action(s) as set forth in Section .0800 of this 
Subchapter. 

History Note: Authority- G.S. 90.4-40: 90.4-42: 
Eff. .4pril 1 1999. 

.0603 TEMPORARY CERTIFICATE RENEWAL 

(a) All applications for renewal of a temporary certificate 
must: 

( 1 ) be submitted by the owner of the system 60 days prior 
to the expiration date of the original temporar\ 
certificate; and 

(2) be accompanied by the required fee; and 

(3) include a letter from the owner that explains: 

(A) the need for renewal of the temporary 
certificate; and 

(B) the reasons for the failure of the applicant to 
obtain permanent certification during the 
original effective period of the temporary 



certificate; and 

(C) the efforts that have been made by the owner to 
employ a properly certified operator during the 
effective period of the original temporary 
certificate; and 

(D) the actions that will be taken by: 

(i) the applicant in order to obtain 
permanent certification during the 
effective period of the renewed 
temporary certificate; and 

(ii) the owner if the applicant does not 
obtain pennanent certification during 
the effective period of the renewed 
temporary certificate. 

(b) The renewal request shall be denied if the applicant has 
failed: 

( 1 ) to seek permanent certification by examination during 
the original effective period of the temporary 
certificate; or 

(2) to obtain permanent certification after four 
examination attempts during the original effective 
period of the temporary certificate. 

(c) A temporary certificate may only be renewed once for the 
same operator. 

(d) Applicants who obtain a temporary certificate renewal by 
providing false information to the Commission shall be subject 
to disciplinary action(s) as set forth in Section .0800 of this 
Subchapter. 

HLslory Note: .4uthority G.S. 90.4-40: 90.4-42; 
Eff. .4pril l. 1999. 

.0604 CONVERSION OF VOLUNTARY 

CERTIFICATION TO MANDATORY 
CERTIFICATION 

(a) Individuals who hold certificates of competency under a 
voluntary certification program, administrated the North 
Carolina Water Environment Association, may apply for the 
conversion of the voluntan. certificate into a certificate issued by 
the Commission once a mandatory certification program of the 
same type and grade as the voluntary program has been 
established by the Commission. 

(b) All applications submitted to the Commission requesting 
the conversion of a voluntary certificate to a mandator}' 
certificate must be accompanied by the appropriate fee and a 
copy of the voluntary certificate. 

Histoty Note: .Authority G.S. 90.4-39: 90.4-40: 90.4-42: 
Eff. April I. 1999. 

SECTION .0700 - RENEWAL OF CERTIFICATION 

.0701 REQUIREMENTS 

(a) In order to maintain a currently valid certificate, the 
certificate must be renevsed annually b\': 

( I ) submitting payment of the appropriate required annual 
renewal fee, as set forth in G.S. 90A-42, by the end of 
the effective vear; and 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1326 



APPROVED RULES 



(2) beginning December 31, 2000, and each successive 
year, each operator, excluding those operators who 
hold only a conditional certificate, must provide 
documentation of a minimum of six contact hours of 
Commission approved training during each year 
following the year of initial certification. The 
Commission will approve training if it finds that the 
course is applicable to a type of certification held by 
the certified operator. 

(b) Certificate(s) that are not renewed when due shall be 
considered invalid. In order to renew a certificate that has been 
invalid for up to two consecutive years, all outstanding renewal 
fees and penalties that have accrued since the certificate was last 
renewed must be paid and all accrued continuing education 
requirements must be met. In order to renew a certificate that 
has been invalid for more than two consecutive years the 
operator shall be required to take and make a passing score on an 
examination of the same type and grade as the fomier certificate. 
In order to qualify for the examination, all relative requirements 
of Section .0400 of this Subchapter must be met. Any 
requirements in Section .0400 of this Subchapter for 
Commission approved training must have been met within the 
previous 12 month period. 

(c) Renewal notices shall be mailed to each certified operator, 
at the last known address for the operator on file with the 
Commission. 60 calendar days prior to the renewal due date. 
Failure to receive a renewal notice does not relieve a certified 
operator of the responsibility to renew their certificate by the 
renewal due date. 

Histon' Note: Authority G.S. 90A-40: 90A-42: 90A-44: 90A- 

46.1: 

Eff. April I, 1999. 

SECTION .0900 - CONTRACT OPERATION OF 
WATER POLLUTION CONTROL SYSTEMS 

.0901 RESPONSIBILITIES OF CONTRACT 

OPERATORS AND CONTRACT OPERATIONS 
FIRMS 

Each contract operator, or contract operations firm, that enters 
into a contract with the owner of a water pollution control 
system to operate the system must notify the owner, in writing, 
within five calendar days of: 

( 1 ) any change in the designation of the Operator in 
Responsible Charge (ORC) or the Back-up Operator 
in Responsible Charge (Back-up ORC) of the system; 
or 

(2) becoming aware of any situation or problem 
(preexisting, anticipated, or otherwise) which may 
interfere with the proper operation of the system and 
necessitate corrective action by the owner. This 
notice shall include the comments and 
recommendations of the operator in regards to actions 
or measures that should be taken to correct the noted 
situation or problem. 

Histor\' Note: .4iithorit\- G.S. 90A-44: 90A-45: 



Eff. April 1, 1999. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER IGF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0301 GENERAL PROVISIONS 

(a) Applicability. Except as limited by the subject matter, all 
of the provisions of this Rule apply to all public waters located 
within the territorial limits of the counties and municipalities in 
which special regulations are set forth for specific waters or 
regulated areas by the succeeding rules. 

(b) Definitions. Unless the context requires otherwise, the 
definitions used in G.S.75A apply within these regulations. In 
addition, the following definitions apply in these regulations: 

(1) Commission. North Carolina Wildlife Resources 
Commission; 

(2) Executive Director. Executive Director of the 
Commission; 

(3) No-Wake Speed. Idle speed or a slow speed creating 
no appreciable wake; 

(4) Uniform System. Uniform Waterway Marking 
System and the supplemental^ standards for such 
system promulgated by the Commis:'~ion, 

(c) Markingof Regulated Areas. The Executive Director may 
designate agencies for placement and maintenance of markers 
for regulated areas established by rules promulgated pursuant to 
this Section. The agency designated by the Executive Director 
may delegate the actual placement and maintenance of such 
markers to some other agency, corporation, group or individual, 
so long as the designating agency exercises supervisory authority 
over such agency, corporation, group or individual. Prior to 
marking a restricted zone established pursuant to G.S. 75A-I5. 
the designated agency for placement and maintenance of the 
markers must obtain written approval from the Executive 
Director by making a written request for permission to mark the 
area specifically described therein. Enforcement of the 
restrictions set forth in Rule .0302 et seq. of this Section is 
dependent upon placement and maintenance of adequate 
marking of the regulated areas by suitable agencies, as 
designated in those rules, in accordance with the requirements of 
the Uniform Waterway Marking System, which are hereb\ 
incorporated by reference, and automatically include any later 
amendments of the incorporated matter as authorized by G.S. 
150B-21.6 and the supplementarv standaitis for such system 
promulgated by the Commission in Paragraph (g) of this Rule. 
Unless a specific variance is granted, placement an'! 
maintenance of the markers must be and remain in accordance 
with the uniform system. The Executive Director or his 
representative is instructed to supervise and approve placement 
and maintenance of individual markers to insure full 
implementation of the objectives of the uniform system. 

(d) Implementation of Uniform Waterwav Marking System. 



1327 



NORTH CAROLINA REGISTER 



Fehruarv 15, 1999 



13:16 



APPROVED RULES 



Except where done by virtue of the supervening federal 
authority, it is unlawful for anyone to place, maintain, or to 
allow to remain in place, any regulatory markers or navigational 
aids of the sort included in the uniform system in any waters 
without authorization of the Commission. The Executive 
Director is authorized to approve placement of the navigational 
aids, informational markers, and regulatory markers warning of 
dangers and not requiring enforcement sanctions, in accordance 
with both public interest in recreational use and water safety and 
in accordance with the policies embodied in the uniform system. 

(e) Removal of Unauthorized Markers. Markers or 
navigational aids which do not conform to the specifications of 
the uniform system or which are placed without lawful authority 
or permission, where the person responsible for the actual 
placement cannot be feasibly determined. ma\ be removed by 
agents of the Commission. Nonconforming markers as to which 
the person responsible for placement and maintenance is known, 
may nevertheless be removed b\ agents of the Commission if 
such markers are likely to mislead the public or cause a 
dangerous situation. Where agents of the Commission discover 
authorized markers which have been improperly placed or are 
defective through lack of maintenance, such agents may serve 
written notice upon the person responsible for such improper 
placement or for the maintenance of the marker concerned. If, 
within 10 days no action has been taken in accordance with the 
notice given, such default constitutes a violation of these 
regulations. 

(f) Miscellaneous Restrictions. Except for mooring buoys or 
markers as to which it is specifically permitted, it is unlawful to 
tie a vessel to any waterway marker. It is unlawful for any 
unauthorized person to move, remove, damage, obstruct, paint 
over, or in any way tamper with any marker lawfulh placed in 
the waters of North Carolina in conformity with these 
regulations or the uniform system generally. 

(g) Supplementan, Standards. The standards listed in this 
Paragraph are supplementary to the Uniform Waterway Marking 
System and shall be applicable in the succeeding rules of this 
Section to the areas of water thereby regulated: 

( 1 ) The perimeter of swimming areas in the water must be 
marked with float lines which, in conjunction with the 
shoreline, form a completely enclosed area. The total 
enclosed area may not exceed .S.OOO square feet. Such 
area may not extend out into the water sufficiently as 
to restrict travel unduly on any regular navigational 
channel or otherwise to obstruct passage of vessels in 
reasonably using the waters. 

(2) Float lines must have attached floats along their length 
at intervals of not less than one ever\ 10 feet. 

(3) Floats must be buoyant enough to float at the surface 
of the water while attached to the float line, but no 
float may exceed a size of 18 inches as measured 
across its largest dimension. 

(4) Floats may be solid or hollow and preferably should 
be of plastic or other light and resilient material not 
likely to cause injury should one strike a swimmer in 
the water. 

{^) Floats must be either solid white or solid international 
orange in color. Float lines may consist of all white 



floats or of alternating white and orange floats. 

(6) Buoys or floating signs indicating the 
"boats-keep-out" symbol of the uniform system and in 
conformity with its standards must be attached to the 
float lines at such points as necessary to give warning 
to the vessels approaching the swimming area from 
various directions. 

(7) Float lines and warning markers must be anchored 
securely to prevent them from shifting position to any 
appreciable extent under normal conditions. 

(8) All markers warning of a no-wake speed zone around 
certain facilities must be buoys or floating signs 
placed in the water at a distance of not greater than 50 
yards fi-om the protected facility. The markers must 
be sufficient in number and size as to give adequate 
warning of the restriction to the vessels approaching 
fi^om various directions. 

(9) The boundaries of mooring areas ma> be defined by 
the placement of the speed zone warning markers 
themselves or by such warning markers plus 
additional boundary floats or markers that may be 
approved by the Executive Director or his 
representative. 

HistoiyNote: Authority G.S. 75.4-3: 75A-15: 
Ejf. February 1. 1976: 

Amended Eff. November 1, 1993: March 25. 1978: 
Temporaiy Amendment Ejf. July I. 1998: 
.AmendedEff. April L 1999. 

CHAPTER 11 - RADIATION PROTECTION 

SECTION .0300 - LICENSING OF RADIOACTIVE 
MATERIAL 

.0318 SPECIFIC LICENSES: GENERAL 

REQUIREMENTS FOR HUMAN USE 

(a) License required: 

(1) A person shall not manufacture, produce, acquire, 
receive, possess, use or transfer radioactive material 
for medical use except in accordance with a specific 
license issued by the agency or as allowed pursuant to 
Subparagraphs (a)(2) and (a)(3) of this Rule. 

(2) An individual may receive, possess, use. or transfer 
radioactive material in accordance with the rules of 
this Section under the supervision of an authorized 
user as provided in this Section unless prohibited by 
license condition. 

(3) An individual may prepare unsealed radioactive 
material for medical use in accordance w ith the rules 
of this Section under the supervision of a pharmacist 
who is an authorized user or physician who is an 
authorized user as provided in this Section unless 
prohibited by license condition. 

(b) A license application for human use of radioactive 
material shall be approved if the agency determines that: 

(I ) The applicant is qualified by reason of training and 
experience to use the material in question for the 



13:16 



NORTH CAROLINA REGISTER 



Fehruan- 15, 1999 



1328 



APPROVED RULES 



purpose requested in accordance with these Rules; 

(2) The applicant's proposed equipment, facilities, and 
procedures are adequate to protect public health from 
radiation hazards and minimize radiological danger to 
life or property; 

(3) The issuance of the license will not be inimical to the 
health and safety of the public; 

(4) The following training and supervisory relationship 
are adhered to: 

(A) the user of radioisotopes applied to humans for 
diagnostic, therapeutic, or investigational 
purposes shall be a physician authorized by a 
condition of a specific license, including a 
specific license of broad scope. 

(B) An authorized physician may delegate only to 
persons who are physicians under the 
supervision of the authorized physician, the 
following: 

(i) the approval of procedures involving the 
administration to patients of 
radiopharmaceuticals or the application 
to patients of radiation from 
radioisotope sources; 

(ii) the prescription of the 

radiopharmaceutical or source of 
radiation and the dose or exposure to be 
administered; 

(iii) the determination of the route of 
administration; 

(iv) the interpretation of the results of 
diagnostic procedures in which 
radiopharmaceuticals are administered; 

(C) The authorized physician shall review the work 
of the supervised individual as it pertains to the 
delegated work in Subparagraph (b)(4) of this 
Rule and the records kept reflecting that work. 

(5) the applicant satisfies any applicable special 
requirements in Rules .03 19 to .0322 of this Section. 

(c) Subject to the provisions of Subparagraph (b)(4) and 
Paragraphs (d) to (g) of this Rule, an authorized physician may 
permit technicians and other paramedic personnel to perform the 
following activities: 

( 1 ) preparation and qualit\ control testing of 
radiopharmaceuticals and sources of radiation; 

(2) measurement of radiophamiaceutical doses prior to 
administration; 

(3) use of appropriate instrumentation for the collection 
of data to be used by the physician; 

(4) administration of radiophannaceuticals and radiation 
from radioisotope sources to patients. 

(d) Authorized phvsicians who permit activities to be 
performed b\ technicians and other paramedical personnel 
pursuant to Paragraph (c) of this Rule shall: 

(1) prior to giving permission, determine that the 
technicians and other paramedical personnel have 
been properly trained to perform their duties with 
specific training in the following subjects, as 
applicable to the duties assigned: 



(B) 



(C) 



(D) 



(E) 
(F) 



(A) general characteristics of radiation and 
radioactive materials; 

physical, chemical, and pharmaceutical 
characteristics of each radiopharmaceutical to 
be used; 

mathematics and calculations basic to the use 
and measurement of radioactivity, including 
units of radiation dose and radiation exposure; 
use of radiation instrumentation for 
measurements and monitoring including 
operating procedures, calibration of 
instruments, and limitations of instruments; 
principles and practices of radiation protection; 
additional training in the above subjects, as 
appropriate, when new duties are added. 

(2) assure that the technicians and other paramedical 
personnel receive appropriate retraining in the 
subjects listed in Subparagraph (d)( 1 ) of this Rule to 
maintain proficiency and to keep abreast of 
developments in the field of nuclear medical 
technology; 

(3 ) keep records showing the bases for the determinations 
of proper training; 

(4) retain responsibility as licensee or authorized user for 
the satisfactorv' performance of the activites; and 

(5) review the work of the supervised individual and the 
records kept reflecting that work. 

(e) Certification in nuclear medicine technology by the 
American Regislrv of Radiologic Technologists or in nuclear 
medical technolog> by the Registry of Medical Technologists of 
the American Society of Clinical Pathologists or the Society of 
Nuclear Medicine shall be deemed to satisfy' the training 
requirements in Subparagraphs (d)(1) and (2) of this Rule. 

(0 An applicant for a license or for amendment or renewal of 
a license shall state whether he desires to permit technicians or 
other paramedical personnel to perform activities pursuant to 
Paragraph (c) of this Rule and. if so. shall include in his 
application for license, license amendment, or license renewal a 
statement of the activities to be so performed and a description 
of an adequate program for training the personnel, including 
retraining as required to keep abreast of developments in 
technolog\. or for otherwise determining that the personnel are 
properly trained to perform their duties. 

(g) Whenever a technician or other paramedical person 
administers a radiopharmaceutical to a patient b\ injection, a 
physician shall be immediately accessible, but not necessarily a 
physician authorized by the agency to be a user of radioisotopes. 

(h) A licensee that permits the preparation of radioacti\e 
material for medical use b>' an individual under the supervision 
of an authorized pharmacist as allowed :n Subparagraph (a)(3 i 
of this Rule shall: 

( 1 ) instruct the super\ised individual in ihe preparation of 
radioactive material for medical use and the principles 
of and procedures for radiation safety and in the 
licensee's written qualitv management program, as 
appropriate to that individual's use of radioactive 
material; 

(2) require the supervised individual to follow the 



1329 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



instructions given pursuant to Subparagraph (h)( 1 ) of 
this Rule and to comply with the rules of this Chapter 
and license conditions; and 
(3) require the supervising authorized pharmacist to 
periodically review the work of the supervised 
individual as it pertains to preparing radioactive 
material for medical use and the records kept to reflect 
that work. 
(i) A licensee shall appoint a Radiation Safety Officer (RSO) 
responsible for implementing the radiation safety program. The 
licensee, through the RSO, shall ensure that radiation safety 
activities are being performed in accordance with approved 
procedures and regulatory requirements in the daily operation of 
the licensee's radioactive material program. 

(j) A licensee shall establish in writing the authority, duties 
and responsibilities of the Radiation Safety Officer 

(k) A licensee shall provide the Radiation Safety Officer 
sufficient authority, organizational freedom, and management 
prerogative to: 

( 1 ) identify radiation safety problems; 

(2) investigate radiation safety problems such as 
overexposures, accidents, spills, losses, thefts, 
unauthorized receipts, uses, transfers, disposals, 
misadministrations, and other deviations from 
approved radiation safety practice and implement 
corrective actions as necessary; 

(3) initiate, recommend or provide corrective actions for 
radiation safety problems; 

(4) verify implementation of corrective actions; and 

(5) retain records of items listed in Subparagraphs (k)(l) 
through (4) of this Rule. 

(1) For each individual receiving radiopharmaceutical therapy 
and hospitalized for compliance with Rule .0358 of this Section, 
a licensee shall; 

( 1 ) provide a private room with a private sanitary facility; 

(2) post the individual's door with a "Radioactive 
Materials" sign and note on the door or the 
individual's chart, where and how long visitors may 
stay in the individual's room; 

(3) promptly, after administration of the dosage, measure 
the dose rates in contiguous restricted and unrestricted 
areas with a radiation measurement survey instrument 
to demonstrate compliance with Section .1600 of this 
Chapter; and retain for three years a record of each 
survey that includes the time and date of the survey, a 
plan of the area or list of points surveyed, the 
measured dose rate at several points expressed in 
mil litem per hour, the instrument used to make the 
survey, and the initials of the individual who 
performed the survey; 

(4) either monitor material and items removed from the 
individual's room to determine that their radioactivity 
cannot be distinguished from the natural background 
radiation level with a radiation detection survey 
instrument set on its most sensitive scale and with no 
interposed shielding, or handle them as radioactive 
waste; and 

(5) Notify the Radiation Safety Officer and authorized 



user as soon as feasible if the individual has a medical 
emergency and immediately if the patient dies. 

Histoiy Note: A uthohty G. S. 1 04 E- 7; 1 04 E- 10(b): 

Eff. Februaiy 1. 1980: 

Amended Eff. April L 1999: May 1. 1 993: November 1. 1 989. 

.0359 MEASUREMENTS/DOSAGES OF UNSEALED 
RADIOACTIVE MATERIAL FOR MEDICAL 
USE 

(a) A licensee shall possess and use a dose calibrator to 
measure the radioactivity of dosages of photon-emitting 
radionuclides prior to administration to each individual. A 
licensee shall: 

( 1 ) develop, maintain, and implement written procedures 
for use of the dose calibrator; 

(2) check dose calibrator for constancy at the beginning 
of each day of use. To satisfy the requirements of this 
Subparagraph, the check shall be done on a frequently 
used setting with a sealed source of not less than 10 
microcuries (0.37 megabecquerel (MBq) of radium- 
226 or 50 microcuries (1.85 MBq) of any other 
photon-emitting radionuclide; 

(3) test each dose calibrator for accuracy upon installation 
and at least annually thereafter by assaying at least 
two sealed sources containing different radionuclides 
who activity the manufacturer has determined within 
five percent of this stated activity, whose activity is at 
least 10 microcuries (0.37 MBq) for radium-226 and 
50 microcuries (1.85 MBq) for any other photon- 
emitting radionuclide, and at least one of which has a 
principal photon energy between 100 keV and 500 
keV; 

(4) test each dose calibrator for linearity upon installation 
and at least quarterly thereafter over a range with from 
the highest dosage that will be administered to a 
patient or human research subject to 30 microcuries 
(1.1 MBq); and 

(5) test each dose calibrator for geometry dependence 
upon installation over the range of volumes and 
volume configurations for which it will be used. The 
licensee shall keep a record of this test for the 
duration of the use of the dose calibrator 

(b) A licensee shall also perform appropriate checks and tests 
required by this Rule following repair of the dose calibrator 

(c) A licensee shall mathematically correct dosage readings 
for any geometry or linearity error that exceeds 10 percent if the 
dosage is greater than 10 microcuries (.37 MBq) and shall repair 
or replace the dose calibrator if the accuracy or constancy error 
exceeds 10 percent. 

(d) A licensee shall retain a record of each check and test 
required by this Rule for three years. The records required in 
Subparagraphs (a)(2)-(a)(5) of this Rule shall include: 

( I ) For Subparagraph (a)(2) of this Rule, the model and 
serial number of the dose calibrator, the identit\' of the 
radionuclide contained in the check source, the date of 
the check, the activity measured, and the initials of the 
individual who performed the check; 



13:16 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



1330 



APPROVED RULES 



(2) For Subparagraph (a)(3) of this Rule, the model and 
serial number of the dose calibrator, the model and 
serial number of each source used, the identity of the 
radionuclide contained in the source and its activity, 
the date of the test, the results of the test, and the 
identity of the individual performing the test; 

(3) For Subparagraph (a)(4) of this Rule, the model and 
serial number of the dose calibrator, the calculated 
activities, the measured activities, the date of the test, 
and the identify of the individual performing the test; 
and 

(4) For Subparagraph (a)(5) of this Rule, the model and 
serial number of the dose calibrator, the configuration 
of the source measured, the activity measured for each 
volume measured, the date of the test, and the identity 
of the individual performing the test. 



History Note: Authority G.S. I04E- 
Eff. April L 1999. 



.0361 



104E-W(b): I04E-12; 



MEDICAL USE OF UNSEALED 
RADIOACTIVE MATERIAL 

(a) A licensee may use for diagnostic or therapeutic 
administration any unsealed radioactive material prepared for 
medical use that is either: 

(1) obtained from a manufacturer or preparer licensed 
pursuant to 10 CFR 32.72 or equivalent agreement 
state requirements; or 

(2) prepared by a pharmacist who is an authorized user, 
a physician who is an authorized user or an individual 
under the supervision of either. 

(b) A licensee shall not administer to humans a 
radiopharmaceutical containing more than 0. 1 5 microcurie of 
molybdenum-99 per millicurie of technetium-99m. 

(c) A licensee that uses molybdenum-99/technetium-99m 
generators for preparing a technetium-99m radiopharmaceutical 
shall measure the molybdenum-99 concentration in each eluate 
or extract. 

(d) A licensee that must measure molybdenum concentration 
shall retain a record of each measurement for three years. The 
record shall include for each elution or extraction of technetium- 
99m: 

( 1 ) the measured activity of the technetium expressed in 
millicuries; 

(2) the measured activity of the molybdenum expressed in 
microcuries; 

(3) the time and date of the measurement; and 

(4) the initials of the individual who made the 
measurement. 

(e) A licensee that administers radioactive aerosols or gases 
shall: 

( 1 ) do so in a room with a system that will keep airborne 
concentrations low enough so as not to exceed the 
limits prescribed by Rules .1604 and .1605 of this 
Chapter; 

(2) before receiving, using or storing a radioactive gas, 
calculate the amount of time needed after a spill to 
reduce the concentration in the room low enough so as 



to not exceed the limits prescribed by Rules .1604 and 
.1605 of this Chapter; 

(3) post the calculated time and safety measures to be 
instituted in the case of a spill at the area of use; 

(4) store volatile radiopharmaceuticals and radioactive 
gases in the shipper's radiation shield and container; 
and 

(5) store multi-dose containers in a fume hood or other 
enclosure vented directly to the atmosphere after 
drawing the first dosage from the container. 

History Note: Authority G.S. 104E-7(a)(2): 104E-10(b): 

104E-12: 

Eff. April I. 1999. 

SECTION .0500 - SAFETY REQUIREMENTS 

FOR INDUSTRIAL RADIOGRAPHY 

OPERATIONS 

.0510 LIMITATIONS 

(a) The licensee or registrant shall not permit any person to 
act as a radiographer until the person: 

(1) has been instructed in the subjects outlined in Rule 
.0519 of this Section and has demonstrated 
understanding thereof by successful completion of a 
written test. Within two years after the effective date 
of this Rule, the person shall also have a minimum of 
two months of on-the-job training, and be certified 
through a radiography certification program by a 
certifying entity in accordance with the requirements 
of Rule .0525 of this Section; 

(2) has received copies of and instruction in the rules 
contained in this Section and in the applicable rules of 
Sections .0200. .0300, .0900 and .1600 of this 
Chapter, in applicable U.S. Department of 
Transportation regulations referenced in Rule .0 1 1 7 of 
this Chapter, and the licensee's or registrant's 
operating and emergency procedures, and has 
demonstrated understanding thereof by successful 
completion of a written test; 

(3) has received training in the use of the licensee or 
registrant's radiographic exposure devices, sealed 
sources, in the daily inspection of devices and 
associated equipment, and in the use of radiation 
survey instruments; 

(4) has demonstrated competence to use the radiographic 
exposure devices, sealed sources, related handling 
tools, radiation machines and survey instruments 
which will be employed in his assignment by 
successful completion of a practical examination 
covering this material; and 

(5) has demonstrated understanding of the instructions in 
Paragraph (a) of this Rule by successliil completion of 
a written test on the subjects covered. 

(b) The licensee or registrant shall not permit an>' person to 
act as a radiographer's assistant until the person: 

( 1 ) has received copies of and instructions in the 
licensee's or registrant's operating and emergency 



1331 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



procedures, and has demonstrated understanding 
thereof by successful completion of a written or oral 
test and practical examination on the subjects covered; 

(2) has demonstrated competence to use under the 
personal supervision of the radiographer, the 
radiographic exposure devices, sealed sources, related 
handling tools, radiation machines and radiation 
survey instruments which will be employed in his 
assignment: and 

(3) has demonstrated understanding of the instructions in 
Paragraph (b) of this Rule by successfiilly completing 
a written or oral test and a field examination on the 
subjects covered. 

(c) Records of the training including copies of written tests 
and dates of oral tests and field examinations shall be maintained 
in accordance with Rule .0523 of this Section. 

(d) Each licensee or registrant shall conduct an internal audit 
program to ensure that the agenc>'s radioactive material license, 
registration conditions and the licensee's or registrant's operating 
and emergency procedures are followed by each radiographer 
and radiographer's assistant. These internal audits shall be 
performed and records maintained by the licensee or registrant 
as specified in Items (3) and (4) of Rule .0323 of this Chapter. 

(e) The licensee or registrant shall provide periodic training 
for radiographers and radiographer's assistants at least once 
during every 12 months. 

(f^ Whenever radiography is performed outside of a 
permanent radiographic installation, the radiographer shall be 
accompanied by another radiographer or an individual with, at 
least, the qualifications of a radiographer's assistant. This 
person's responsibilities shall include but not be limited to 
observing the operations and being capable and prepared to 
provide immediate assistance to prevent unauthorized entry. 

(g) A licensee or registrant may conduct lay-barge, off-shore 
platform, or underwater radiography only if detailed procedures 
have been developed and submitted to the agency that ensure 
radiation exposure to the workers and the public are ALARA 
during the radiographic operation. 

(h) The radiation safet> officer shall ensure that radiation 
safety activities are being performed in accordance with 
approved procedures and regulatory requirements in the daiK 
operation of the licensee's or registrant's program. 

( 1 ) The radiation safety officer's qualifications shall 
include: 

(A) completion of the training and testing 
requirements of Paragraph (a) of this Rule: and 

(B) Two thousand hours documented experience in 
industi-ial radiographic operations, with at least 
40 hours of classroom training with respect to 
the establishment and maintenance of radiation 
protection programs: or 

(C) an equivalent combination of education and 
experience. 

(2) The specific duties and authorities of the radiation 
safetN officer shall include, but are not limited to the 
following: 

(A) to establish and oversee operating, emergency 
and ALARA procedures, and to reviev\ them 



regularly to assure that the procedures are 
current and conform with these Rules and to 
the license conditions: 

(B) to oversee and approve all phases of the 
training of radiographic personnel so that 
appropriate and effective radiation protection 
practices are taught: 

(C) to ensure that required radiation survevs and 
leak tests are performed and documented in 
accordance with this Rule, including any 
corrective measures when levels of radiation 
exceed established limits: 

(D) to ensure that personnel monitoring devices are 
calibrated and used properly by occupationally- 
exposed personnel, that records are kept of the 
monitoring results, and that timeK notifications 
are made as required by Rule .1646 of this 
Chapter: 

(E) to assure that operations are conducted safely 
and to assume control and have the authority to 
institute corrective actions including stopping 
of operations when necessary in emergency 
situations or unsafe conditions. 

Histoiy Note: Filed as a Temporary Amendment Eff. August 

20. 1 994. for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner: 

Authority G.S. 104E-7: 10 C.F.R. Chapter 1. Commission 

Notices. Policy Statements. Agreement States. 46 F.R. 7540: 10 

C.ER. 34.43: lOCFR. Appendix A: 

Ejf. Februarys 1 . 1980: 

Amended Eff. April 1. 1999: Ma\' 1. 1995: June 1. 1993: June 1. 

1989. 

SECTION .1600 - STANDARDS FOR PROTECTION 
AGAINST RADIATION 

.1635 GENERAL PROVISIONS FOR RECORDS 

(a) Each licensee or registrant shall use the units: curie, rad 
and rem, including multiples and subdivisions thereof, and shall 
clearly indicate the units of all quantities on records required by 
this Section. 

(b) Notwithstanding the requirements of Paragraph (a) of this 
Rule, when recording information on shipping manifests, as 
required by Rule .1633 of this Section and Appendix G to 10 
CFR 20, information shall be recorded in the International 
System of Units (SI) or SI and units as specified in Paragraph (a) 
of this Rule. 

(c) The licensee or registrant shall make a clear distinction 
whether the quantities entered on the records required b\ this 
Section are total effective dose equivalent, shallow-dose 
equivalent, eve dose equivalent, deep-dose equivalent, or 
committed effective dose equivalent. 

(d) The discontinuance or curtailment of activities does not 
relieve the licensee or registrant of responsibilitv for retaining all 
records required by the rules in this Section. 

Histon'Note: Authorin- G.S. 104E-'(a}(2): 104E-I2iai: 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1332 



APPROVED RULES 



Eff. January 1 . 1994: 
Amended Eff. April 1. 1999. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13B - SOLID WASTE 
MANAGEMENT 

SECTION .1600 - REQUIREMENTS FOR 

MUNICIPAL SOLID WASTE LANDFILL 

FACILITIES (MSWKFs) 

.1624 CONSTRUCTION REQUIREMENTS FOR 
MSWLF FACILITIES 

(a) This Rule establishes the performance standards and 
minimum criteria for designing and constructing a new MSWLF 
unit or lateral expansion of existing MSWLF units. Additional 
standards for the cap system are described in Rule . 1 627 of this 
Section. 

(b) New MSWLF units and lateral expansions shall comply 
with the following design and construction criteria: 

( 1 ) Base liner system description. The base liner system 
is constructed on the landfill subgrade and shall be 
designed to efficiently contain, collect and remove 
leachate generated by the MSWLF unit. At a 
minimum, the components of the liner system shall 
consist of the following. 

(A) A Base Liner. The base liner shall consist of 
one of the following designs. The design 
described in Subpart (b)( 1 )(A)(i) of this Rule is 
the standard composite liner. If a landfill 
owner or operator proposes to utilize one of the 
alternative composite liner designs described in 
Subparts (b)(])(A)(ii) and (iii) of this Rule, the 
owner or operator shall demonstrate through a 
model that the proposed design will ensure that 
maximum concentration levels (MCLs) listed 
in Table 1 will not be exceeded in the 
uppermost aquifer at the relevant point of 
compliance as established in Rule .1631(a)(2) 
of this Section. For these two designs, the 
Division may waive the site-specific modeling 
requirement if it can be demonstrated that a 
previous site for which a model was approved 
had similar hydrogeologic characteristics, 
climatic factors and volume and physical and 
chemical leachate characteristics. If an 
alternative liner design other than Subparts 
(b)(l )(A)(ii)and(iii) of this Rule is proposed, 
the Division shall require site-specific, two- 
phase modeling as described in Subpart 
(b)(l)(A)(iv) of this Rule, 
(i) A composite liner utilizing a compacted 
clay liner (CCL). TTie composite liner is 
one liner that consists of two 
components; a geomembrane liner 
installed above and in direct and 
uniform contact with a compacted clay 



(B) 



liner with a minimum thickness of 24 

inches (0.61 m) and a permeability of no 

more than 1.0 X 10"' cm/sec. The 

composite liner shall be designed and 

constructed in accordance with 

Subparagraphs (b)(8) and (10) of this 

Rule. 

(ii) A composite liner utilizing a 

geosynthetic clay liner (GCL). The 

composite liner is one liner that consists 

of three components: a geomembrane 

liner installed above and in uniform 

contact with a GCL overlying a 

compacted clay liner with a minimum 

thickness of 18 inches (0.46 m) and a 

permeability of no more than 1.0 X 10"^ 

cm/sec. The composite liner shall be 

designed and constructed in accordance 

with Subparagraphs (b)(8), (9), and (10) 

of this Rule. 

(iii) A composite liner utilizing two 

geomembrane liners. The composite 

liner consists of three components; two 

geomembrane liners each with an 

overlying leachate drainage system 

designed to reduce the maximum 

predicted head acting on the lower 

membrane liner to less than one inch. 

The lower membra"e liner shall o\erlie 

a compacted clay liner with a minimum 

thickness of 12 inches (0.31m) and a 

penneability of no more than 1.0 X 10'^ 

cm/sec. The composite liner system 

shall be designed and constructed in 

accordance with Subparagraphs (b)(8) 

and (10) of this Rule. 

(iv) An alternative base liner. An alternative 

base liner system may be approved by 

the Division if the owner or operator 

demonstrates through a two-phase 

modeling approach that the alternative 

liner design meets the following criteria: 

(1) the rate of leakage through the 

alternative liner system will be 

less than or equal to the 

composite liner system defined in 

Subparts (b)(l)(A)(i) of this 

Rule; and 

(11) the design will ensure that 

concentration values listed in 

Table I will not be exceeded in 

the uppennost aquifer at the 

relevant point of compliance as 

established in Rule .1631(a)(2) 

of this Section. 

A leachate collection system (l.CS). The LCS 

is constructed directly above the base liner and 

shall be designed to effectively collect and 



7JJi 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



13:16 



APPROVED RULES 



remove leachate from the MSWLF unit. The 
secondary function of the LCS is to estabhsh a 
zone of protection between the base liner and 
the waste. The LCS shall be designed and 
constructed in accordance with Subparagraphs 
(b)(2),(ll). {12)and(13)ofthis Rule. 

(2) Leachate collection system design and operation. 

(A) The leachate collection system shall be 
hydraulically designed to remove leachate from 
the landfill and ensure that the leachate head on 
the composite liner does not exceed one foot. 
A means of quantitatively assessing the 
performance of the leachate collection system 
must be provided in the engineering plan. The 
performance analysis must evaluate the flow 
capacities of the drainage network necessary to 
convey leachate to the storage facility or off- 
site transport location. The engineering 
evaluation shall incorporate the following 
criteria: 

(i) At a minimum, the geometry of the 
landfill and the leachate collection 
system shall be designed to control and 
contain the volume of leachate 
generated by the 24-hour, 25-year storm, 
(ii) The performance analysis shall evaluate 
the leachate collection system for the 
fiow capacities during conditions when 
the maximum impingement rate occurs 
on the LCS. The LCS flow capacity 
shall be designed to reduce the head on 
the liner system generated by the 24- 
hour, 25-year storm to less than one foot 
within 72 hours after the storm event. 

(B) The leachate collection system shall be 
designed to provide a zone of protection at 
least 24 inches separating the composite liner 
from landfilling activities, or shall be subject to 
approval from the division upon a 
demonstration of equivalent protection for the 
liner system. 

(C) The leachate collection system shall be 
designed to resist clogging and promote 
leachate collection and removal from the 
landfill. 

(D) The leachate collection system shall be 
operated to remove leachate from the landfill in 
such a way as to ensure that the leachate head 
on the composite liner does not exceed one 
foot under normal operating conditions. 

(3) Horizontal separation requirements. 

(A) Property line buffer. New MSWLF units at a 
new facility shall establish a minimum 300-foot 
buffer between the MSWLF unit and all 
property lines. 

(B) Private residences and wells. All MSWLF 
units at a new facility shall establish a 
minimum 500-foot buffer between the 



MSWLF unit and existing private residences 
and wells. 

(C) Surface waters. All MSWLF units at new 
facilities shall establish a minimum 50-foot 
buffer between the MSWLF unit and any 
stream, river, or lake, unless the owner or 
operator can demonstrate: 

(i) To the Division that the alternative 
management of the water and any 
discharge will adequately protect the 
public health and environment; and 

(ii) That the construction activities will 
conform to the requirements of Sections 
404 and 401 of the Clean Water Act. 

(D) Existing landfill units. An adequate buffer 
distance shall be established between a new 
MSWLF unit and any existing landfill units to 
establish a ground-water monitoring system as 
set forth in Rule .1631 of this Section. 

(E) Existing facility buffers. At a minimum, a 
lateral expansion or new MSWLF unit at an 
existing facility shall conform to the 
requirements of the effective permit. 

(4) Vertical separation requirements. A MSWLF unit 
shall be constructed so that the post settlement 
bottom elevation of the base liner system is a 
minimum of four feet above the seasonal high ground- 
water table and bedrock datum plane contours 
established in the Design Hydrogeological Report 
prepared in accordance with Rule .1623(b) of this 
Section. 

(5) Survey control. One permanent benchmark of known 
elevation measured from a U.S. Geological Survey 
benchmark shall be established and maintained for 
each 50 acres of developed landfill, or part thereof, at 
the landfill facility. This benchmark shall be the 
reference point for establishing vertical elevation 
control. 

(6) Location coordinates. The North Carolina State Plane 
fNCSP) coordinates shall be established and one of its 
points shall be the benchmark of known NCSP 
coordinates. 

(7) Landfill subgrade. The landfill subgrade is the in-situ 
soil layer(s), constructed embankments, and select fill 
providing the foundation for construction of the unit. 
A foundation analysis shall be performed to determine 
the structural integrity of the subgrade to support the 
loads and stresses imposed by the weight of the 
landfill and to support overlying facility components 
and maintain their integrity of the components. 
Minimum post-settlement slope for the subgrade shall 
be two percent. Safetv factors shall be specified for 
facilities located in a Seismic Impact Zones. 

(A) Materials required. The landfill subgrade shall 
be adequately free of organic material and 
consist of in-situ soils or a select fill approved 
by the Division in accordance with the 
performance standards contained in 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1334 



APPROVED RULES 



Subparagraph (b)(7) of this Rule. 

(B) Construction requirements. 

(i) The landfill subgrade shall be graded in 
accordance with the approved plans and 
specifications, which are incorporated 
into the permit to construct in 
accordance with Rule .1604(b) of this 
Section. 

(ii) The owner or operator of the MSWLF 
units may be required by the permit to 
notify the Division's hydrogeologist and 
inspect the subgrade when excavation is 
completed or if bedrock or other 
unpredicted subsurface conditions are 
encountered during excavation. 

(C) Certification requirements. At a minimum, the 
subgrade surface shall be inspected in 
accordance with the following requirements: 

(i) Before beginning construction of the 

base liner system, the project engineer 

shall visually inspect the exposed 

surface to evaluate the suitability of the 

subgrade and document that the surface 

is properly prepared and that the 

elevations are consistent with the 

approved engineering plans 

incorporated into the permit to construct 

in accordance with Rule . 1 604(b) of this 

Section; 

(ii) The subgrade shall be proof-rolled using 

procedures and equipment specified by 

the design or project engineer: and 

(iii) The subgrade shall be tested for density 

and moisture content at a minimum 

frequencN as specified in the plans 

incorporated into the permit to construct 

in accordance with Rule .1604(b) of this 

Section. 

(8) Compacted cla\ liners. Compacted cla\ liners are low 

permeability barriers designed to control fluid 

migration in a cap liner system or base liner svstem. 

(A) Materials required. The soil materials used in 
constructing a compacted clay liner may 
consist of on-site or off-site sources, or a 
combination of sources: sources ma\ possess 
adequate native properties or may require 
bentonite conditioning to meet the permeabilitv' 
requirement. The soil material shall be free of 
particles greater than three inches in any 
dimension. 

(B) Construction requirements. Construction 
methods for the compacted clay liner shall be 
based upon the type and quality of the borrow 
source and shall be verified in the field by 
constructing test pad(s). The project engineer 
shall ensure that the compacted clay liner 
installation conforms with the Division 
approved plans including the following 



(C) 



minimum requirements: 
(i) A test pad shall be constructed prior to 
beginning installation of the compacted 
clay liner and whenever there is a 
significant change in soil material 
properties. The area and equipment, 
liner thickness, and subgrade slope and 
conditions shall be representative of full 
scale construction. Acceptance and 
rejection criteria shall be verified for the 
tests specified in accordance with Part 
(C) of this Subparagraph. For each lift, 
a minimum of three test locations shall 
be established for testing moisture 
content, densitv. and a composite 
sample for recompacted lab 
permeability. At least one shelby tube 
sample for lab permeability testing, or 
another in situ test that is approved by 
the Division as equivalent for 
permeability determination shall be 
obtained per lift, 
(ii) Soil conditioning, placement, and 
compaction shall be maintained within 
the range identified in the moisture- 
density-permeability relation developed 
in accordance w ith Subparagraph (C) of 
this Paragraph, 
(iii) The final compacted thickness of each 
lift shall be a maximum of six inches, 
(iv) Prior to placement of successive lifts, 
the surface of the lift in place shall be 
scarified or othervsise conditioned to 
eliminate lift interfaces, 
(v) The final lift shall be protected from 

environmental degradation. 

Certification requirements. The project 

engineer shall include in the construction 

qualitN assurance report a discussion of all 

quality assurance and quality control testing 

required in this Subparagraph. The testing 

procedures and protocols shall be submitted in 

accordance with Rule . 162 1 of this Section and 

approved by the Division. The results of all 

testing shall be included in the construction 

quality assurance report including 

documentation of an> failed test results. 

descriptions of the procedures used to correct 

the improperly installed material, and 

statements of all retcbtinu performed in 

accordance with the Division approved plans 

including the following requirements: 

(i) At a minimum, the qualitv conirol 

testing for accepting materials prior to 

and during construction of a compacted 

clay liner shall include: particle size 

distribution analysis. Atterberg limits. 

triaxial cell laboratorv permeabilitv. 



1335 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



moisture content, percent bentonite 
admixed with soil, and the moisture- 
densit>'-penneabilit\ relation. The 
project engineer shall certify that the 
materials used in construction were 
tested according to the Division 
approved plans, 
(ii) At a minimum, the qualit> assurance 
testing for evaluating each lift of the 
compacted clay liner shall include: 
moisture content and density, and 
permeability testing. For each location 
the moisture content and density shall be 
compared to the appropriate moisture- 
density-permeability relation. The 
project engineer shall certify' that the 
liner was constructed using the methods 
and acceptance criteria consistent with 
test pad construction and tested in 
accordance with the plans incorporated 
into the permit to construct in 
accordance with Rule .1604(b) of this 
Section, 
(iii) Any tests resulting in the penetration of 
the compacted clay liner shall be 
repaired using bentonite or as approved 
by the Division. 
(9) Geosynthetic Clay liners. Geosynthetic clay liners are 
geosynthetic hydraulic barriers manufactured in sheets 
and installed b>' field seaming techniques. 

(A) Materials required. Geosynthetic clay liners 
shall consist of natural sodium bentonite clay 
or equivalent, encapsulated between two 
geotextiles or adhered to a geomembrane. The 
liner material and any seaming materials shall 
have chemical and physical resistance not 
adversely affected by environmental exposure, 
waste placement, leachate generation and 
subgrade moisture composition. Accessory 
bentonite, used for seaming, repairs and 
penetration seaming shall be made from the 
same sodium bentonite as used in the 
geosynthetic clay liner or as recommended by 
the manufacturer. The type of geossnthetic clay 
liner shall be approved by the Division 
according to the criteria set forth in this Part. 

(i) Reinforced geosynthetic clay liners shall 
be used on all slopes greater than 
10H:IV. 

(ii) The geosynthetic cla\ liner material 
shall have a demonstrated hydraulic 
conductivity of not more than 5 X 10'' 
cm/sec under the anticipated confining 
pressure. 

(B) Design and Construction requirements. The 
design engineer shall ensure that the design of 
the geosynthetic clay liner installation 
conforms to the requirements of the 



manufacturer's recommendations and the 

Division approved plans. The Division 

approved plans shall provide for and include 

the following provisions: 
(i) The surface of the supporting soil upon 
which the geosynthetic clay liner will be 
installed shall be reasonably free of 
stones, organic matter, protrusions, 
loose soil, and any abrupt changes in 
grade that could damage the 
geosynthetic clay liner; 

(ii) Materials placed on top of the GCL 
shall be placed in accordance with the 
plans incorporated into the permit to 
construct in accordance with Rule 
.1604(b) of this Section. Equipment 
used to install additional geosynthetics 
shall be specified by the design engineer 
and as recommended by the 
manufacturer. A minimum of 12 inches 
of separation between the application 
equipment and the geosynthetic clay 
liner shall be provided when applying 
soil materials; 

(iii) Materials that become prematurely 
hydrated shall be removed, repaired, or 
replaced, as specified by the project 
engineer and in accordance with the 
plans incorporated into the permit to 
construct prepared in accordance with 
Rule .1604(b) of this Section; 

(iv) Field seaming preparation and methods, 
general orientation criteria, and 
restrictive weather conditions; 

(v) Anchor trench design; 

(vi) Critical tensile forces and slope stability, 
including seismic design; 

(vii) Protection from environmental damage; 

and 
(viii) Physical protection from the materials 
installed directly above the geosynthetic 
clay liner. 
(C) Certification requirements. 

(i) Before beginning installation of the 
geosynthetic clay liner, the project 
engineer shall visually inspect the 
exposed surface to evaluate the 
suitability of the subgrade and document 
that the surface is properly prepared and 
that the elevations are consistent with 
the approved engineering plans 
incorporated into the permit to construct 
in accordance with Rule .1604 (b) of 
this Section. 

(ii) The project engineer shall ensure that 
the geosynthetic clay installation 
conforms to the requirements of the 
manufacturer's recommendations and 



13:16 



NORTH CAROLINA REGISTER 



Fehruan 15, 1999 



1336 



APPROVED RULES 



the plans incorporated into the permit to 
construct in accordance with Rule .1604 
(b) of this Section, 
(iii) The project engineer shall include in the 
construction quality assurance report a 
discussion of quality assurance and 
quality control testing to document that 
material is placed in accordance with 
plans incorporated into the permit to 
construct in accordance with Rule 
.1604(b) of this Section, 
(iv) The project engineer shall include in the 
construction quality assurance report a 
discussion of the approved data 
resulting from the quality assurance and 
quality control testing required in this 
Subparagraph, 
(v) The testing procedures and protocols for 
field installation shall be submitted in 
accordance with Rule .1621 of this 
Section and approved by the Division, 
(vi) The results of all testing shall be 
included in the construction quality 
assurance report, including 

documentation of any failed test results, 
descriptions of the procedures used to 
correct the improperly installed material, 
and performance documentation of all 
retesting, in accordance with the plans 
incorported into the permit to consturct 
in accordance with Rule .1604 (b) of 
this Section, including the following: 
(I) Oualit>' control testing of the raw 
materials and manufactured 
product; 
(II) Field and independent laboratory 
destructive testing of 

geosynthetic clay liner samples; 
(III) Documentation prepared by the 
project engineer in accordance 
with Subpart (b)(9)(C)(i) of this 
Rule. 
10) Geomembrane liners. Geomembrane liners are 
geosynthetic hydraulic barriers manufactured in sheets 
and installed by field seaming techniques. 
(A) Materials required. The liner material and any 
seaming materials shall have chemical and 
physical resistance not adversely affected by 
environmental exposure, waste placement and 
leachate generation. The tvpe of geomembrane 
shall be approved by the Division according to 
the criteria set forth in this Part, 
(i) High density polyethylene 

geomembrane liners shall have a 
minimum thickness of 60 mils, 
(ii) The minimum thickness of any 
geomembrane approved by the Division 
shall be greater than 30 mils. 



(ii) 



(iii) 

(iv) 

(V) 

(vi) 



(B) Construction requirements. The project 
engineer shall ensure that the geomembrane 
installation conforms to the requirements of the 
manufacturer's recommendations and the 
Division approved plans including the 
following; 

(i) The surface of the supporting soil upon 
which the geomembrane will be 
installed shall be reasonably free of 
stones, organic matter, protrusions, 
loose soil, and any abrupt changes in 
grade that could damage the 
geomembrane; 

Field seaming preparation and methods, 
general orientation criteria, and 
restrictive weather conditions; 
Anchor trench design; 
Critical tensile forces and slope 
stability; 

Protection from environmental damage; 
and 

Physical protection from the materials 
installed directly above the 
geomembrane. 

(C) Certification requirements. The project 
engineer shall include in the construction 
quality assurance report a discussion of the 
approved data resulting from the quality 
assurance and quality control testing required 
in this Subparagraph. The testing procedures 
and protocols for field installation shall be 
submitted in accordance with Rule .1621 of 
this Section and approved by the Division. The 
results of all testing shall be included in the 
construction quality assurance report including 
documentation of any failed test results, 
descriptions of the procedures used to correct 
the improperly installed material, and 
statements of all retesting performed in 
accordance with the plans incorporated into the 
permit to construct in accordance with Rule 
.1604(b) of this Section, including the 
following: 

(i) Quality control testing of the raw 

materials and manufactured product; 
(ii) At a minimum, test seams shall be made 
upon each start of work for each 
seaming crew, upon even, four hours of 
continuous seaming. e\ er\' time seaming 
equipment is changi^J or if significant 
changes in geomembrane temperature 
and weather conditions are observed: 
(iii) Nondestructive testing of ail seams: and 
(iv) Field and independent laborator> 
destructive testing of seam samples. 
1 1 ) Leachate collection pipes. A leachate collection pipe 
network shall be a component of the leachate 
collection system and shall be hydraulically designed 



1337 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



13:16 



APPROVED RULES 



to convey leachate from the MSWLF unit to an 
appropriately sized leachate storage or treatment 
facility or a point of off-site transport. Leachate 
collection piping shall comply with the following: 

(A) Materials required. 

(i) The leachate collection piping shall have 
a minimum nominal diameter of six 
inches. 

<ii) The chemical properties of the pipe and 
any materials used in installation shall 
not be adversely affected by waste 
placement or leachate generated by the 
landfill. 

(iii) The physical properties of the pipe shall 
provide adequate structural strength to 
support the maximum static and 
dynamic loads and stresses imposed by 
the overlying materials and any 
equipment used in construction and 
operation of the landfill. Specifications 
for the pipe shall be submitted in the 
engineering report. 

(B) Construction requirements. 

(i) Leachate collection piping shall be 
installed according to the plans 
incorporated into the permit to construct 
in accordance with Rule .1604(b) of this 
Section. 

(ii) The location and grade of the piping 
network shall provide access for 
periodic cleaning. 

(iii) The bedding material for the leachate 
collection pipe shall consist of a coarse 
aggregate installed in direct contact with 
the pipe. The aggregate shall be 
chemically compatible with the leachate 
generated and shall be placed to provide 
adequate support to the pipe. The 
bedding material for main collector lines 
shall be extended to and in direct 
contact with the waste layer or a graded 
soil or granular filter. 

(C) Certification requirements. The project 
engineer shall include in the construction 
quality assurance report a discussion of the 
quality assurance and qualit) control testing to 
ensure that the material is placed according to 
the approved plans. The testing procedures 
and protocols for tTeld installation shall be 
submitted in accordance with Rule .1621 of 
this Section and approved by the Division. The 
results of all testing shall be included in the 
construction qualitv assurance report including 
documentation of any failed test results, 
descriptions of the procedures used to correct 
the improperly installed material, and 
statements of all retesting performed in 
accordance with plans incorporated into the 



permit to construct in accordance with Rule 

.1604(b) of this Section, including the 

following: 

(i) All leachate piping installed from the 
MSWLF unit to the leachate storage or 
treatment facility shall be watertight. 

(ii) The seal where the piping system 
penetrates the geomembrane shall be 
inspected and non-destructively tested 
for leakage. 

(12) Drainage layers. Any soil, granular, or geosynthetic 
drainage nets used in the leachate collection system 
shall conform to the following requirements: 

(A) Materials required. 

(i) The chemical properties of the drainage 
layer materials shall not be adversely 
affected by waste placement or leachate 
generated by the landfill. 

(ii) TTie physical and hydraulic properties of 
the drainage layer materials shall 
promote lateral drainage of leachate 
through a zone of relatively high 
permeability or transmissivity under the 
predicted loads imposed by overlying 
materials. 

(B) Construction requirements. 

(i) The drainage layer materials shall be 
placed in accordance with the approved 
plans prepared in accordance with Rule 
.1604(b) of this Section and in a manner 
that prevents equipment from working 
directly on the geomembrane. 

(ii) The drainage layer materials shall be 
stable on the slopes specified on the 
engineering drawings. 

(C) Certification requirements. The project 
engineer shall include in the construction 
quality assurance report a discussion of the 
qualitv' assurance and qualit) control testing to 
ensure that the drainage layer material is placed 
according to the approved plans. The testing 
procedures and protocols for field installation 
shall be submitted in accordance with of Rule 
.1621 of this Section and approved by the 
Division. The results of all testing shall be 
included in the construction qualit) assurance 
report including documentation of an) failed 
test results, descriptions of the procedures used 
to correct the improperly installed material, and 
statements of all retesting performed in 
accordance with thcT approved plans prepared 
in accordance with Rule .1604(b) of this 
Section. 

(13) Filter layer criteria. All filter collection layers used in 
the leachate collection system shall be designed to 
prevent the migration of fine soil particles into a 
courser grained material, and permit water or gases to 
freely enter a drainage medium (pipe or drainage 



13:16 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



133S 



APPROVED RULES 



(14) 



(15) 



(16) 



layer) without clogging. 

(A) Materials required. 

(i) Graded cohesionless soil filters. The 
granular soil material used as a filter 
shall have no more than five percent by 
weight passing the No. 200 sieve and no 
soil particles larger than three inches in 
any dimension. 

(ii) Geosynthetic filters. Geosynthetic filter 
materials shall demonstrate adequate 
permeability and soil particle retention, 
and chemical and physical resistance 
which is not adversely affected by waste 
placement, any overlying material or 
leachate generated by the landfill. 

(B) Construction requirements. All filter layers 
shall be installed in accordance with the 
engineering plan and specifications 
incorporated into the permit to construct 
prepared in accordance with Rule .1604(b) of 
this Section. Geosynthetic filter materials shall 
not be wrapped directly around leachate 
collection piping. 

(C) Certification requirements. The project 
engineer shall include in the construction 
quality assurance report a discussion of the 
quality assurance and quality control testing to 
ensure that the filter layer material is placed 
according to the approved plans. The testing 
procedures and protocols for field installation 
shall be submitted in accordance with Rule 
.1621 of this Section and approved by the 
Division. The results of all testing shall be 
included in the construction quality assurance 
report including documentation of any failed 
test results, descriptions of the procedures used 
to correct the improperly installed material, and 
statements of all retesting performed in 
accordance with the approved plans prepared 
in accordance with Rule .1604(b) of this 
Section. 

Special engineering structures. Engineering structures 
incorporated in the design and necessary to comply 
with the requirements of this Section shall be 
specified in the engineering plan. Material, 
construction, and certification requirements necessary 
to ensure that the structure is constructed according to 
the design and acceptable engineering practices shall 
be included in the Division approved plan. 
Sedimentation and erosion control. Adequate 
structures and measures shall be designed and 
maintained to manage the run-off generated by the 24- 
hour. 25-year storm event, and conform to the 
requirements of the Sedimentation Pollution Control 
Law(15ANCAC4). 

Construction quality assurance (CQA) report. 
(A) A CQA report shall be submitted: 

(i) After completing landfill construction in 



order to qualify the constructed 
MSWLF unit for a permit to operate; 

(ii) After completing construction of the cap 
system in accordance with the 
requirements of Rule .1629; and 

(iii) According to the reporting schedule 
developed in accordance with Rule 
.1621 of this Section. 

(B) The CQA report shall include, at a minimum, 
the information prepared in accordance with 
the requirements of Rule .1621 of this Section 
containing results of all construction quality 
assurance and construction quality control 
testing required in this Rule including 
documentation of any failed test results, 
descriptions of procedures used to correct the 
improperly installed material and results of all 
retesting performed. The CQA report shall 
contain as-built drawings noting any deviation 
from the approved engineering plans and shall 
also contain a comprehensive narrative 
including but not limited to daily reports from 
the project engineer and a series of color 
photographs of major project features. 

(C) The CQA report shall bear the seal of the 
project engineer and a certification that 
construction was completed in accordance 
with; 

(i) The CQA plan; 

(ii) The conditions ot the permit to 

construct; 
(iii) The requirements of this Rule; and 
(iv) Acceptable engineering practices. 

(D) The Division shall review the CQA report 
within 30 days of a complete submittal to 
ensure that the report meets the requirements of 
this Subparagraph. 



1339 



NORTH CAROLINA REGISTER 



Februaiy 15, 1999 



13:16 



APPROVED RULES 



Table 1 



CHEMICAL 


lVICL(mg/l 


Arsenic 


0.05 


Barium 


1.0 


Benzene 


0.005 


Cadmium 


0.01 


Carbon Tetrachloride 


0.005 


Chromium (hexavalent) 


0.05 


2.4-Dichlorophenoxy acetic acid 


0.1 


1 .4-Dichlorobenzene 


0.075 


1 .2-Dichloroethane 


0.005 


l.l-Dichioroeth\lene 


0.007 


Endrin 


0.0002 


Fluoride 


4 


Lindane 


0.004 


Lead 


0.05 


Mercury 


0.002 


Methoxychlor 


0.1 


Nitrate 


10.0 


Selenium 


0.01 


Silver 


0.05 


Toxaphene 


0.005 


1.1.1 -Trichloromethane 


0.2 


Trichloroethylene 


0.005 


2.4.5-Trichlorophenox> acetic acid 


0.01 


Vinyl Chloride 


0.002 



HisloryNote: Authority G.S. 1 30.4-294: 
Eff. October 9. 1993: 
Temporary Amendment Eff. July 7, 1998\ 
Amendment Eff. .April L 1999. 

CHAPTER 16 - ADULT HEALTH 

SUBCHAPTER I6A - CHRONIC DISEASE 

SECTION .0100 - MIGRANT HEALTH 



.0101 GENERAL 

HistonNote: .Authority G.S. I30A-223: See. 329. Public Health 
Services .Act. 95 Stat. 569 (42 U.SC. 254b): 
Eff. Januaiy 1 . 1983: 



13:16 



NORTH CAROLINA REGISTER 



Fehruarv IS, 1999 



1340 



APPROVED RULES 



Amended Eff. September I. 1990; 
Repealed Eff. April ]. 1999. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .2500 - PUBLIC SWIMIVIING POOLS 

.2522 DECKS 

(a) Outdoor swimming pools shall have a continuous deck 
extending completely around the swimming pool. The width of 
the deck or walkway shall provide at least six feet of clear 
walking space at all points. If the swimming area of the pool is 
1600 square feet or larger, at least eight feet of clear walking 
space is required. 

(b) Indoor swimming pools shall have a continuous deck or 
walkway extending completely around the swimming pool. The 
width of the deck shall provide at least five feet of clear walking 
space at all points. 

(c) Wading pools shall have a continuous deck extending 
completely around the wading pool. The width of the deck or 
walkway shall provide at least four feet of clear walking space 
at all points. 

(d) Spas shall have a continuous deck extending at least 
one-halfway around the spa. The width of the deck or walkway 
shall provide at least four feet of clear walking space at all 
points. 

(e) Whenever a diving board or slide is installed on a 
swimming pool, there shall be at least five feet (1.52 m) of 
unobstructed deck behind the diving board or slide. 

(0 All deck areas and walkways shall be sloped at a grade of 
% inch to '/2 inch per foot to a deck drain or sheet drain to deck 
edge. Deck drains shall not be connected to the circulation 
system in any manner. 

(g) All decks and walkways shall have a slip-resistant, 
impervious surface. 

(h) Sufficient hose bibs shall be provided to allow all areas of 
the deck to be reached with a 100 foot hose. 

(i) Special purpose pools such as waterslides and wave pools 
may vary from the minimum deck area requirements to the extent 
necessary to accommodate the special features of the pool. 

(j) Special structures necessary to provide access to a public 
swimming pool by persons with disabilities shall be allowed to 
vary from the provisions of this Section to the extent necessary 
to accommodate such access. Such structures shall be approved 
on a case-by-case basis and shall be designed so as to minimize 
obstruction of the deck. 

(k) For all swimming pools constructed after April I, 2000 
decks shall be continuous with the top of the pool wall or gutter 
and shall not be more than nine inches above the standard 
operating water level. 

History Note: A iithority- G. S. 130 A -282: 

Eff. May 1. 1991: 

Amended Eff. April 1, 1999: January 1. 1996: July I, 1992. 

.2537 MAINTENANCE AND OPERATION 



(a) All public swimming pools constructed or remodeled on 
or after May 1 , 1 99 1 shall be maintained and operated in 
accordance with the Rules of this Section. 

(b) On or after May I, 1993 all public swimming pools 
including those constructed prior to May 1, 1991 shall be 
maintained and operated in accordance with the following: 



(1) 



(2) 



(3) 
(4) 



(5) 



(6) 

(7) 

(8) 
(9) 



(10) 



(II) 



(12) 



(13) 



(14) 



(15) 



All safety provisions of Rule .2530 of this Section 

shall be met. 

Decks shall be structurally sound and shall be 

maintained free of trip hazards or offsets greater 

than one-half inch resulting from deterioration or 

changes from the original deck profile. 

There shall be no loose coping. 

Artificial lighting shall be provided for all pools 

used when natural lighting is not sufficient to make 

all parts of the pool and pool area clearly visible. 

Swimming pools shall be protected by a fence, wall, 

building, or other enclosure, or any combination 

thereof, which completely encloses the swimming 

pool area to a height of at least 48 inches and is 

capable of preventing small children ft-om entering 

the pool area. All gates and doors shall be equipped 

with self-closing and positive self-latching closure 

mechanisms. Existing waterslide flumes and other 

appurtenances are not required to be located inside 

the fence. 

Depth markings shall be provided. 

Drain covers shall be in good condition and 

securely attached. 

Damaged face plates or fittings shall be repaired or 

replaced. 

Underwater light niches shall be maintained or 

covered so as not to present a potential hazard to 

bathers. 

Diving equipment and pool slides including stairs 

and railing shall be maintained in good working 

order. 

A timer switch which allows no more than 1 5 

minutes of operation without manual resetting shall 

be used to control air blowers and hydrotherapy 

pumps on heated spas. 

All breaks in grade of the pool bottom including the 

leading edges of stair treads and seats and the tops 

of breakpoints where the slope of the bottom 

changes at a depth of five feet ( 1 5iti) or less shall be 

marked with a contrasting color band b> May 1 . 

2000. Contrasting color bands shall not be required 

where a registered engineer, registered architect or 

licensed swimming pool contractor certifies in 

writing that structural weakness oi materials of 

construction prevent the installation of permanent 

markings. 

On or after May I, 1996 all heated spas shall pu^! a 

caution sign as specified in Rule .2532 of this 

Section. 

Pool maintenance shall include removal of debris 

from the water surface and bottom of the pool. 

All pool chemicals shall be stored in a clean, dry. 



1341 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



13:16 



APPROVED RULES 



well ventilated area and shall be organized so as to 

prevent chemicals from reacting. 
(16) No submersible pumps or mechanical pool cleaning 

equipment shall be placed or used in the pool while 

bathers are in the pool, 
(c) The owner of a public swimming pool shall provide for 
the operation of the pool by a person or persons who shall be 
responsible to the owner for operation, maintenance, pool 
safety and recordkeeping. The pool owner shall maintain 
documentation that the person responsible for operating the 
pool has been trained on pool equipment operation, disease 
and injury prevention, pool water chemistry and regulatory- 
requirements for public swimming pools. A pool and spa 
operator certificate issued by the National Swimming Pool 
Foundation or other organization which provides training on 
those subjects shall be accepted as meeting this requirement. 

History Note: Filed as a Temporary Amendment Eff. May II, 

1993 for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner: 

The Codifier of Rules determined that the agency's findings of 

need did not meet the criteria listed in GS I50B-21. 1(a): 

Filed as a Temporary Amendment Eff. May I. 1993 for a period 

of 180 days or until the permanent rule becomes effective. 

whichever is sooner: 

Author it^•G.S. I30A-282: 

Eff. July I. 1992: 

Amended Eff. April 1. 1999: Januan- 1. 1996: October I. 1993: 

May I. 1993. 

SECTION .2800 - SANITATION OF CHILD 
DAY CARE FACILITIES 



.2808 FOOD SERVICE 

(a) Milk and milk products for drinking purposes shall be 
served from a commercially filled container of not more than one 
gallon capacity or drawn from a commercially filled container 
stored in a mechanically refrigerated bulk milk dispenser 
directly into the drinking utensil. 

(b) Ice shall be made, handled, transported, stored and 
dispensed in such a manner as to be protected against 
contamination. Ice shall be dispensed with scoops, tongs, or 
other ice-dispensing utensils or through automatic ice-dispensing 
equipment. Ice-dispensing utensils shall be stored on a clean 
surface or in the ice with the dispensing utensil's handle 
extended out of the ice. Between uses, ice transfer receptacles 
shall be stored to protect them from dust, drip, splash and other 
contamination. Ice storage bins shall be drained through an air 
gap. 

(c) Employees preparing or serving food shall wash their 
hands in accordance w ith 1 5A NCAC 1 8A .2828 and shall either 
use antibacterial soap, dips, or hand sanitizers immediately prior 
to food preparation or service or use clean, disposable gloves 
utensils during food preparation or service. This requirement is 
in addition to all handwashing requirements in Rule .2828 of this 
Section. 

(d) Once served, portions of leftover food shall not be served 
again unless the package is intact and the food is not potentially 
hazardous. 

(e) Between uses during service, dispensing utensils shall be 
stored in the food with the dispensing utensil handle extended 
out of the food or stored clean and dr\. 

(f) Children attending child care centers shall not have access 
to the kitchen except for emergencies or when participating in a 
supervised activity. 

(g) Nothing in these Rules shall be construed as prohibiting 
family style food service at child care centers so long as 
supervision of the children is maintained throughout each meal 
except that family style food service may be prohibited during 
the outbreak and investigation of communicable diseases. 



HistoiyNote: Authorities. 110-91: 

Eff. July I. 1991: 

Amended Eff. April L 1999: Februaiy 1. 1 995. 

.2827 COMMUNICABLE DISEASES AND 
CONDITIONS 

(a) An\ child who becomes ill at the child care center and is 
suspected of having a communicable disease or communicable 
condition shall be separated from the other children until the 
child leaves the center 

(b) Each child care center shall include a designated area for 
a child who becomes ill. When in use, such area shall be 
equipped with a bed, cot or mat and a vomitus receptacle. All 
materials shall be sanitized after each use. Linens and 
disposables shall be changed after each use. 

(c) If the area is not a separate room, it shall be separated 
from space used by other children by a partition, screen or other 
means approved by the Environmental Health Specialist. This 
designated area shall be proximate to a toilet and lavatory, and 
where health and sanitation measures can be carried out without 



13:16 



NORTH CAROLINA REGISTER 



Eehruan- 15, 1999 



1342 



APPROVED RULES 



interrupting activities of other children and staff. 

Histon'Note: Authority G.S. 110-91; 
Eff. July 1, 1991: 
Amended Eff. Februaiy 1. 1995: 
Temporary Amendment Eff. April 15, 1998: 
Amended EH April L 1999. 

.2833 SWIMIVIING AND WADING POOLS 

(a) Swimming and wading pools shall be designed, 
constructed, operated and maintained in accordance with the 
Rules Governing Swimming Pools. 15A NCAC 18A .2500. 
Copies of these Rules may be obtained from DENR, Division of 
Environmental Health, Environmental Health Services Section 
RO. Box 29534. Raleigh. North Carolina 27626-0534. 

(b) Unfiltered and nondisinfected containments of water shall 
not be utilized for water recreation activities. 

History Note: Authority G.S. 110-91: 

Eff. July 1. 1991: 

Amended Eff. February 1. 1995: Januarys 1. 1992: 

Temporary Amendment Eff. April 15. 1998: 

Amended Eff. April 1. 1999. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 18 - BOARD OF EXAMINERS 
OF ELECTRICAL CONTRACTORS 

SUBCHAPTER 18B - BOARD'S RULES FOR THE 

IMPLEMENTATION OF THE ELECTRICAL 

CONTRACTING LICENSING ACT 

SECTION .0200 - EXAMINATIONS 

.0202 EXPERIENCE 

(a) Primary. Primary experience shall mean working 
experience gained by the applicant while engaged actively and 
directly in the installation of electrical wiring and equipment 
governed by the National Electrical Code or work activities 
directly related thereto. Examples of the capacity in which a 
person may work in gaining primary experience and the 
percentages for creditable primary experience are as follows: 

Percentage 



(1) 

(2) 
(3) 
(4) 
(5) 
(6) 
(7) 



journeyman electrician or electrician 

mechanic, both meaning the same; 100 

electrical foreman; 100 

electrical general foreman; 100 

electrical superintendent; 100 

electrical general superintendent; 100 

estimator for licensed electrical contractor; 100 



electrical inspector recognized as such by the State 
Department of Insurance; 100 

(8) time spent by a professional engineer who is 
responsible for follow-up project supervision, beyond 
the point of delivery, in electrical engineering, design, 
or consulting; 100 

(9) full-time instructor teaching National Electrical Code 
and related electrical courses at a college, university, 
community college, technical institute, high school or 
vocational school; 50 

(10) maintenance journeyman electrician or electrician 
mechanic employed in a full-time electrical 
maintenance department: 100 

(11) time actually spent in electrical maintenance by a 
maintenance journeyman electrician or electrician 
mechanic regularl> employed in other than a full-time 
electrical maintenance department; 100 

(12) military person holding an electrician rating or rank of 
at least E-4 who is engaged in land based electrical 
installations similar or equivalent to work performed 
by an electrical contractor; 1 00 

( 1 3) time actually spent in part-time or incidental work in 
any primary experience categor\. 100 

In calculating accumulative primary experience, a total of 2.000 
hours shall equal one creditable year The total number of 
creditable years shall be calculated by dividing the total hours of 
primary experience by 2,000. Example: Applicant has worked 
in primary capacity for a total of 7.200 hours of primary 
experience. 

7,200 = 3.6 years creditable primary work experience 
2,000 

(b) Secondary. Secondary experience shall mean working 
experience gained while engaged in work or training that is 
related in varying degrees to the installation of electrical wiring 
and equipment governed b\ the National Electrical Code. 
Examples of the type of work or training in which a person may 
engage to gain creditable secondary experience and the 
percentages for creditable secondary experience are as follows: 



( 1 ) apprentice electrician training in an approved program; 

(2) apprentice electrician or helper other than as described in Items ( 1 ) and (3) of this list; 

(3) time actually spent in electrical maintenance b\ a maintenance apprentice or electrician 
helper regularly employed in other than a full-time electrical maintenance department; 



Percentage 
100 

SO 

80 



1343 



NORTH CAROLINA REGISTER 



Februaiy 15, 1999 



13:16 



APPROVED RULES 



(4) student satisfactorily completing National Electrical Code and related electrical courses 50 
at a college, university, community college, technical institute, high school or 

vocational school; 

(5) time spent by a professional engineer who is not responsible for follow-up project 50 
supervision, beyond the point of delivery, in electrical engineering, design, or 

consulting; 

(6) electrical construction design under the supervision of a professional engineer; 50 

(7) sales representative for an electrical wholesaler, distributor, or manufacturer; 20 

(8) appliance service and repair; 20 

(9) electric utility lineman; 10 

(10) electric utility serviceman. 20 

In calculating accumulative secondary experience, a total of 2,000 hours shall equal one creditable year The total number of 
creditable years shall be calculated by applying the percentage for creditable secondary experience and dividing the remainder hours 
by 2.000. Example: Applicant has 1,000 hours of work experience as a helper or regular apprentice and 2,200 hours of experience 
while enrolled in an approved apprentice training program: 1 .000 hours at 80 percent = 800 hours secondary experience; 2,200 hours 
at 100 percent = 2,200 hours secondar>' experience; 

800 + 2,200 = 1 .5 years creditable secondary experience 
2,000 



(c) Other Experience. The Board shall approve other 
experience that it finds to be equivalent or similar to the primar> 
or secondar\ experience defined in this Rule. 



History Note: Authority G.S. 8' 
Eff. October I. 1988: 
Amended Eff. March 1, 1999. 



■-12: 87-43.3: 8^-43.4: 



1970. 

History Note: .Authority G.S. 8^-42: 

Eff. October 1 . 1988: 

.Amended Eff March L 1999: February 1. 1990. 

SECTION .0500 - LICENSING OPTIONS 



SECTION .0400 - LICENSING REQUIREMENTS 

.0406 RENEWAL AFTER EXPIRATION OF 

ANNUAL LICENSE 

(a) Subject to Rule .0906 of this Subchapter, any licensee 
whose license has expired solely because of failure to apply for 
renewal ma>' apply and have the license renewed without further 
examination, and in compliance with the provisions contained in 
G.S. 87-44. if the applicant makes application within a period of 
12 months immediately following the date the license expired. 

(b) If the application is filed later than 12 months immediatelv 
following the date the license expired, the applicant ma\ have 
the license renewed if, during the 12 month period immediately 
preceding the date the application is filed with the Board, the 
applicant's listed qualified individual has engaged for at least 
1,000 hours in an occupation of primary experience as defined 
in Rule .0202 of this Subchapter or completed 1 6 contact hours 
of approved continuing education. 

(c) An applicant failing to meet the requirements of 
Paragraphs (a) or (b) of this Rule may obtain a new license in 
accordance with Section .0200 of this Subchapter and Rule 
.0401 of this Section. 

(d) The provisions of Section .0600 of this Subchapter apply 
to applicants whose last license expired on or before June 30, 



.0501 RECLASSIFICATION OF CURRENT 
LICENSE 

(a) A licensee may have the license classification lowered 
fi-om unlimited to intermediate or limited, or from intermediate 
to limited, by: 

(1) filing with the Board, in writing, a request for the 
lowering of the license classification; and 

(2) surrendering the current license certificate to the 
Board for replacement as requested. 

(b) A licensee may have a license that was lowered pursuant 
to Paragraph (a) of this Rule raised to a classification up to and 
including that classification from which it was lowered b\ : 

(1) tiling with the Board, in writing, a request for the 
raising of the license classification; 
surrendering the current license certificate to the 
Board for replacement as requested; and 
pa>'ing the applicable license fee. If a change is made 
prior to the expiration of a current license, the fee 
shall be the difference between the annual license fee 
for the existing license and the annual license fee for 
the new class license requested. If the change is made 
at the expiration date, the fee shall be the annual 
license fee for the class license requested. 

(c) A limited or intemiediate licensee whose license has not 



(2) 



(3) 



13:16 



NORTH CAROLINA REGISTER 



Februan' IS, 1999 



1344 



APPROVED RULES 



been lowered pursuant to Paragraph (a) of this Rule may have 
the license classification raised to intermediate or unlimited by: 

( 1 ) submitting an application on a form furnished by the 
Board indicating the classification of the license 
desired; 

(2) meeting all the requirements for the classification in 
effect when the application is made, including taking 
and passing the examination; and 

(3) paying the appHcabie license fee. If a change is made 
prior to the expiration of a current license, the fee 
shall be the difference between the annual license fee 
for the existing license and the annual license fee for 
the new class license requested. If the change is made 
at the expiration date, the fee shall be the annual 
license fee for the class license requested. 

(d) Licenses in the single family detached residential dwelling 
classification and in any special restricted classification are not 
subject to reclassification. A change in these classifications can 
be effected only on the basis of a new application subject to all 
of the normal processing and examination requirements. 

History Note: A uthohty G. S. 8 7-42; 8 7-43. 3: 8 7-43. 4; 
Eff. October 1. 1988: 
Amended Eff. March I, 1999. 

.0504 ONCE LISTED BUT NOT NOW LISTED 

(a) A qualified individual who was formerly but is not now 
listed on any license may apply for and obtain a license upon 
meeting all current licensing requirements not previously met 
and by submitting to the Board: 

( 1 ) a license application on a form furnished by the 
Board; 

payment of the appropriate license fee; and 
if more than 12 months has elapsed since the qualified 
individual was listed on an active license, information 
verifying that, during the 12 month period 
immediately preceding the date the application is filed 
with the Board, the qualified individual has engaged 
for at least 1,000 hours in an occupation of primary 
experience as defined in Rule .0202 of this 
Subchapter or completed 16 contact hours of 
approved continuing education. 

(b) A qualified individual who was formerly but is not now 
listed on any license may be listed on a current active license in 
the same or a lower classification as the classification of 
examination passed by submitting to the Board: 

( 1 ) a written request from the licensee, co-signed by the 
qualified individual, requesting the Board to list the 
qualified individual on the license; 
the licensee's current license certificate; and 
if more than 12 months has elapsed since the qualified 
individual was listed on an active license, information 
verifying that, during the 12 month period 
immediately preceding the date the application is filed 
with the Board, the qualified individual has engaged 
for at least 1 .000 hours in an occupation of primary 
experience as defined in Rule .0202 of this 
Subchapter or completed 16 contact hours of 



(2) 
(3) 



(2) 
(3) 



approved continuing education. 

HLsloiy Note: A iithority G. S. 8 7-42; 8 7-43; 

Eff. October 1. 1988; 

Amended Eff. March L 1999; Februan I. 1990. 

.0505 QUALIFIED INDIVIDUAL: NEVER LISTED 
NOR OBTAINED LICENSE 

A qualified individual who has passed the qualifying 
examination for a license but has never obtained a license nor 
been a listed qualified individual on any license shall: 

( 1 ) be eligible to obtain a license in the same or lower 
classification as the classification of examination 
passed upon meeting all current licensing 
requirements not previously met and by submitting to 
the Board: 

(a) a license application on a form fiomished by the 
Board; 

(b) payment of the appropriate license fee; and 

(c) if more than 12 months has elapsed since the 
qualified individual passed the qualifying 
examination for a license, information 
verifying that, during the 12 month period 
immediately preceding the date the application 
is filed with the Board, the qualified individual 
has engaged for at least 1,000 hours in an 
occupation of primarv- experience as defined in 
Rule .0202 of this Chapter or completed 16 
contact hours of a 'proved continuing 
education. 

(2) be eligible to be included as a listed qualified 
individual on a current active license in the same or a 
lower classification as the classification of 
examination passed upon submitting to the Board: 

(a) a written request from the licensee, co-signed 
by the qualified individual, requesting the 
Board to list the qualified individual on the 
license; 

(b) the licensee's current license certificate; and 

(c) if more than 12 months has elapsed since the 
individual passed the qualifying examination 
for a license, information verifying that, during 
the 12 month period immediately preceding the 
date the application is filed with the Board, the 
qualified individual has engaged for at least 
1,000 hours in an occupation of primary 
experience as defined in Rule .0202 of this 
Chapter or completed 16 contact hours of 
approved continuing education. 

History Note: Authority' G.S. 87-42: 8 '- 13: 

Eff: October 1. 1988; 

.Amended Eff. March L 1999; February 1. I WO. 

SECTION .1100 - CONTINUING EDUCATION 

.1105 COMPUTATION OF CONTINUING 
EDUCATION HOURS 



1345 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



(a) Group Courses: Non-college. Continuing education 
credit for a group course that is not part of a college curriculum 
is given based on contact hours. A contact hour is 50 minutes of 
instruction. Credit is granted only for full contact hours. 

(b) College Courses. Continuing education credit for a 
college course in the college curriculum is given based on 
college credit hours. One semester hour of college credit is 16 
contact hours; and one continuing education unit is 10 contact 
hours. 

(c) Self-Stud> Courses. Continuing education credit for a 
self-study course is given based on the average number of 
contact hours needed to complete the course. The course shall 
include a written examination having a minimum of 25 questions 
and a minimum passing grade of 70. A sponsor must determine 
the average number of contact hours it takes to complete the self- 
study course and submit this information with its application for 
continuing education course sponsor approval. 

(d) Examination. Continuing education credit for an 
examination is given based on the type of examination, number 
of questions, number of hours permitted to take the examination, 
and passing grade. The examination shall include a minimum of 
25 questions and a minimum passing grade of 70. A sponsor 
must set the number of hours permitted to take the examination 
and submit this information with its application for continuing 
education course sponsor approval. 

(e) Totaling Annual Hours. No credit shall be allowed for a 
course having fewer than the minimum number of contact hours 
required for the license classification pursuant to Rule .1 101(b) 
of this Section. Courses held for license classifications pursuant 
to Rule .1101(b)(l ) of this Section and lasting from eight to 15 
contact hours shall satisfy one year of the required continuing 
education: a course lasting from 16 to 23 contact hours shall 
satisfy two years of the required continuing education; and a 
course lasting 24 or more contact hours shall satisfy three years 
of the required continuing education. Courses held for license 
classifications pursuant to Rule .1 101(b)(2) of this Section and 
lasting from four to seven contact hours shall satisfy one year of 
the required continuing education; a course lasting from eight to 
1 1 contact hours shall satisfy two years of the required 
continuing education; and a course lasting 12 or more contact 
hours shall satisfy' three years of the required continuing 
education. Credit hours for more than one year are subject to the 
provisions of Rule . 1 1 04(c) of this Section. 

Histoiy Note: A uthority- G. S. 8 7-42: 8 7-44. 1 : 
Effi October I. 1990: 
Amended Eff. March 1. 1999. 

CHAPTER 46 - BOARD OF PHARMACY 

SECTION .1600 - LICENSES AND PERMITS 

.1601 PHARMACY PERMITS 

(a) Applications for pharmacy permits, whether original or 
renewal, shall be made upon fomis provided by the Board. The 
Board shall not issue any original or annual renewal pharmacy 
permit until the Board is satisfied that: 

(1) The pharmacist-manager is sure that at all times 



adequate qualified personnel has been secured by the 
management of the store to properly render 
pharmaceutical service in the manner prescribed by 
law. 

(2) Any and all unlicensed clerks have been instructed 
that they may render pharmaceutical service only as 
an aid to and under the immediate supervision of a 
registered pharmacist. 

(3) The pharmacy posts in a location conspicuous to the 
public the specific hours that a pharmacist is on duty 
in the pharmacy. This requirement does not apply to 
hospitals, nursing homes, and similar institutions 
subject to the provisions of Section .1400 of this 
Chapter. 

(4) The following minimum technical equipment is 
maintained: 

(A) Graduates. Capable of accurately measuring 
volumes from 1 ml to at least 500 ml; 

(B) Mortars and pestles: 

(i) one - glass; 
( i i ) one ~ " Wedgwood " ; 

(C) Stirring Rods. Two different sizes made of 
glass or rubber; 

(D) Ointment slab or suitable substitute; 

(E) Class A prescription or electronic balances and 
appropriate weights, suitable for all required 
weighings, at least one of which must be 
sensitive to six mg; 

(F) Suitable facilities for recording and filing 
prescriptions as required b\ G.S. 90-85.26; 

(G) Spatulas: 

(i) stainless steel, at least three assorted 

sizes; 
(ii) non-metallic, one of any size; 
(H) Useable Supplies. Equipped with safety 
closures where required: 
(i) prescription bottles. 1 to 32 fluid 

ounces; 
(ii) dropper bottles, 1/2 to 2 fluid ounces; 
(iii) assorted pill and tablet containers; 
(iv) empty capsules. No. 00 to No. 3; 
(v) powder papers; 
(vi) ointment jars, assorted; 
(vii) prescription labels; 
(viii) all appropriate auxiliary labels; 
(I) Heating apparatus; 
(J) Refrigerator; 
(K) Reference library, as follows: 

(i) the latest edition of the United States 
Pharmacopoeia (USP) and National 
Formulan. and supplements thereto or a 
standard commentary thereon; 
(ii) a copy of the pharmacy laws of North 
Carolina, including the North Carolina 
Controlled Substances Act and the rules 
adopted pursuant thereto, and the North 
Carolina Phannacy Practice Act and the 
rules of the Board; 



13:16 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



1346 



APPROVED RULES 



(iv) 



(V) 

(vi) 



(iii) a copy of the Federal Controlled 
Substances Act and the regulations 
adopted pursuant thereto; 
a Schedule V controlled substances 
register (where these preparations are 
sold other than on prescriptions); 
a medical dictionary; 
current editions of generally accepted 
reference books on the following 
subjects: 

(1) drug interactions, 
(11) clinical pharmacology, 

(III) USP Dispensing Information or 
its equivalent, and 

(IV) if IV admixture services are 
provided, a reference on 
Parenteral Incompatibilities. 

(5) The pharmacy is equipped with sanitary appliances 
including lavatory facilities with hot and cold running 
water; is adequately lighted; and is kept in a clean, 
orderly, and sanitary condition. 

(6) All prescription medications are labeled in accordance 
withG.S. 106-134 and 106-134.1. 

(b) In addition to the requirements for issuance and renewal 
of a pharmacy permit imposed by a statute and by other rules of 
the Board, a permit shall not be issued or renewed to any person 
to operate a pharmacy wherein the prescriptions of medical 
practitioners are compounded or dispensed and distributed when 
such distribution is effected by mail and the practitioner- 
pharmacist-patient relationship does not e.xist, until the Board is 
satisfied that: 

(1) The pharmacy maintains records of prescriptions 
compounded or dispensed and distributed in manner 
that is readily retrievable; 

(2) During the pharmacy's regular hours of operation but 
not less than six days per week, for a minimum of 
forty hours per week, a toll-free telephone service is 
provided to facilitate communication between patients 
and a pharmacist at the pharmacy who has access to 
the patient's records. This toll-free number must be 
disclosed on the label affixed to each container of 
dispensed drugs; 

(3) The pharmacy complies with all lawful orders, 
directions, and requests for information from the 
Boards of pharmacy of all states in which it is 
licensed and all states into which it distributes 
prescription drugs; 

(4) The pharmacy complies with all USP and FDA 
requirements regarding the storage, packaging, and 
shipping of prescription medications. The 
pharmacist-manager and all other pharmacists 
employed in the pharmacies permitted pursuant to this 



Paragraph shall be subject to all Federal and State 
statutes and regulations concerning the dispensing of 
prescription medications including, but not limited to, 
21 NCAC 46.1801 and .1805 and 21 CFR 1306.01, 
1306.05, and 1306.21. 

(c) The Board shall not issue an original or renewal permit to 
any person to operate a drugstore or pharmacy as a department 
in or a part of any other business serving the general public 
(except hospitals, nursing homes, and similar institutions subject 
to the provisions of Section .1400 of this Chapter) unless such 
pharmacy facility: 

( 1 ) is physically separated from such other business; 

(2) is separately identified to the public both as to name 
and any advertising; 

(3) completes all transactions relative to such pharmacy 
within the registered facility; and 

(4) meets the same requirements for regisfration as all 
other pharmacies. 

(d) Permits to operate pharmacies, whether original or 
renewal, shall be issued to the pharmacist-manager of such 
pharmacy pursuant to a joint application of the owner and 
pharmacist-manager for the conduct and management of said 
pharmacy. The issuance of said permit shall not be complete 
and the permit shall not be valid until it has been countersigned 
by the pharmacist-manager as represented in the application. 
The permit so issued is valid only so long as the pharmacist- 
manager to whom it was issued assumes the duties and 
responsibilities of pharmacist-manager. Permits may be reissued 
at any time to a successor pharmacist-manager pursuant to the 
proper amendment of the application for the permit. 

(e) Upon application, the Board may issue and renew separate 
permits for pharmacies operating at one location. Records for 
each permitted pharmacy must be maintained separately. Prior 
to issuance of an original permit, each pharmacy shall submit a 
plan to the Board that shall assure accountability for the actions 
of each pharmacy at the location. 

Histoiy Note: Authorit\' G.S. 90-85.6: 90-85.21: 

Eff. April 1, 1983: 

Amended Eff. April I 1999: July 1. 1996: September 1. 1995: 

May 1. 1989: August 1. 1988: March 1. 1984. 

SECTION .1700 - DRUGS DISPENSED BY NURSE 
PRACTITIONER OR PHYSICIAN'S ASSISTANT 

.1703 DRUGS TO BE DISPENSED 

(a) The nurse practitioner may dispense any and all drugs that 
the nurse practitioner is authorized by law to prescribe. 

(b) The physician assistant may dispense any and all drugs 
that the physician assistant is authorized b\ law to prescribe. 

(c) The pharmacist shall prepare a plan to ensure that there 
are adequate amounts of each of the drugs dispensed by a luirse 
practitioner or physician assistant, and that such dmgs are 
properly stored and packaged. 

(d) All drugs dispensed by a nurse practitioner or physician 
assistant must be dispensed from a place holding a current 
pharmacy permit from the Board as required by G.S. 90-85.21. 

(e) The consulting pharmacist shall be available for 



1347 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



APPROVED RULES 



(2) 
(3) 



consultation in person, by telephone, or other means of direct 
communication at all times when drugs are dispensed. 

(f) Ail drugs dispensed by the nurse practitioner or physician 
assistant shall be prepackaged in safety closure containers and 
shall be appropriately prelabeled (including necessary auxiliary 
labels) by the pharmacist with all information required by law 
except the name of the patient and the directions for use. The 
name of the patient and directions for use of the drugs shall be 
placed on the label by the nurse practitioner or physician 
assistant at the time it is delivered to the patient or his agent. 

History Note: Authority G.S. 90-18. 1: 90-18.2: 90-85.6: 

Eff. .April 1. 1983: 

Amended Eff. .April L J 999: May 1. 1997: May 1. 1989. 

.1706 RETROSPECTIVE REVIEW AND 
CONSULTATION 

All drugs dispensed by a nurse practitioner or physician 
assistant shall be retrospectively reviewed by a pharmacist on a 
weekly basis. The reviewing pharmacist may advise and consult 
with the dispensing nurse practitioner, physician assistant, or 
supervising physician about potential drug therapy concerns 
which may result from: 

(1) therapeutic duplication; 

drug-disease contraindication; 
interactions between or among drugs, including 
serious interactions with prescription or over-the- 
counter drugs; 

(4) incorrect drug dosage or duration of drug treatment; 

(5) interactions between drugs and allergies; and 

(6) clinical abuse or misuse. 

Histor}' Note: Authority G.S. 90-18. 1; 90-18.2; 90-85.6; 
Eff. April 1. 1999. 

SECTION .1800 - PRESCRIPTIONS 

.1809 EMERGENCY PRESCRIPTION REFILLS 

In the event a pharmacist or device and medical equipment 
permit holder receives a request for a prescription refill and the 
pharmacist or permit holder is unable to obtain refill 
authorization from the prescriber, the pharmacist or permit 
holder may dispense a one-time emergency refill of up to a 30 
day supply of the prescribed medication, provided that: 

(1) The prescription is not for a Schedule II controlled 
substance; 

(2) The medication is essential to the maintenance of life 
or to the continuation of therapy in a chronic 
condition; 

(3) In the pharmacist's or permit holder's professional 
judgment, the interruption of therapy might 
reasonably produce undesirable health consequences; 

(4) The dispensing pharmacist or permit holder creates a 
written order containing all of the prescription 
information required by Section .2300 of these Rules 
and signs that order; 

(5) The dispensing pharmacist or permit holder notifies 
the prescriber or the prescriber's office of the 



emergency dispensing within 72 hours after such 
dispensing. 

Histor}' Note: A iithont}' G. S. 90-85. 6: 90-85. 32: 

Eff. September /, 1993; 

Amended Eff. April L 1999: September 1. 1 995. 

SECTION .2300- PRESCRIPTION INFORMATION 
AND RECORDS 

.2304 AUTOMATED DATA PROCESSING SYSTEMS 

An automated data processing system may be employed as a 
record-keeping system if the following conditions are met: 

(1) The system shall have the capability of producing 
sight-readable documents of all original and refilled 
prescription information. The term "sight-readable" 
means that a regulatory agent shall be able to examine 
the record and read the information. In the case of 
administrative proceedings before the Board, records 
must be provided in a readable paper printout form. 

(2) Such information shall include, but not be limited to 
the prescription requirements and records of 
dispensing as indicated in Rules .2301 and .2302 of 
this Section. 

(3) The individual pharmacist responsible for 
completeness and accuracy of the entries to the system 
must provide documentation of the fact that 
prescription information entered into the computer is 
correct. In documenting this information, the 
pharmacist shall have the option of either: 

(a) providing a printout of each day's prescription 
information. That printout shall be dated and 
the individual pharmacist shall verify that the 
information indicated is correct and sign the 
printout in the same manner as a check or legal 
document (e.g. J.H. Smith, or John H. Smith). 
Such printout must be maintained three years 
from the date of last dispensing; or 

(b) maintaining a log book, or separate file, in 
which each individual pharmacist involved in 
such dispensing shall sign a statement each day 
attesting to the fact that the prescription 
information entered into the computer that day 
has been reviewed and is correct as shown. 
Such a book or file must be maintained at the 
pharmacy employing such a system for a period 
of three years after the date of last dispensing. 

(4) Documentation in Paragraph (3) of this Rule must be 
provided in the pharmacy within 72 hours of date of 
dispensing. 

(5) An auxiliary recordkeeping system shall be 
established for the documentation of refills if the 
automated data processing system is inoperative for 
any reason. When the automated data processing 
system is restored to operation, the information 
regarding prescriptions filled, refilled or transferred 
during the inoperative period shall be entered into the 
automated data processing s\stem within the time 



13:16 



NORTH CAROLINA REGISTER 



Fehruarv 15, 1999 



1348 



APPROVED RULES 



(6) 



equal to the number of inoperative days times three; 
for example, if the system were inoperative for five 
days then all interim data shall be entered within 15 
days of the last inoperative day. However, nothing in 
this Paragraph shall preclude the pharmacist from 
using professional judgment for the benefit of a 
patient's health and safety. The auxiliary record 
keeping system shall be backed up at least weekly. 
A pharmacy shall make arrangements with the 
supplier of data processing services or materials to 
assure that the pharmacy continues to have adequate 
and complete prescription and dispensing records if 
the relationship with such supplier is terminated for 



any reason. A pharmacy shall assure continuity in the 
maintenance of records. 
(7) A current version of drug interactions software shall 
be used and policies and procedures shall be 
established to address overriding the interactions 
prompt. 

History Note: Authority G.S. 90-85. 6(a): 90-85.26: 90-85.32: 

90-107: 

Eff. December 3 1 . 1985: 

Amended Ejf. April L 1999: May I. 1989. 



I 



1349 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. February 18, 1999, 
10:00 a.m. . at 1 307 Glenwood Ave., Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule 
before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners b\ 
Monday, February 15, 1999, at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review 
Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at 
least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood. Vice Chairman 
John Arrowood 

Laura Devan 

Jim Funderburke 

David Twiddy 



Appointed by House 

Paul Powell. Chairman 

Anita White. 2"'' Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 



RULES REVIEW COMMISSION MEETING DATES 



February 18. 1999 
March 18. 1999 
April 15. 1999 
May 20, 1999 
June 17, 1999 
Julvl5. 1999 



August 19, 1999 
September 16. 1999 
October 21. 1999 
November 18. 1999 
December 16. 1999 



LOG OF FILINGS 
RULES SUBMITTED: DECEMBER 20, 1998 THROUGH JANUARY 20, 1999 



AGENO /DIVISION 



Rl LE NAME 



RULE 



ACTION 



DHHS/DIVISION OF MEDICAL ASSISTANCE 

Physician's Fee Schedule 



IONCAC26H.0401 



Amend 



SERVICES COMMISSION 










Consultative Services 




10NCAC41E 


.0401 


Repeal 


Definitions 




10NCAC41E 


.0403 


Repeal 


Licensing Process 




10NCAC41E 


.0404 


Repeal 


Kinds of Licenses 




10NCAC41E 


.0405 


Repeal 


Licensing Actions 




10NCAC41E 


.0406 


Repeal 


Incorporation 




10NCAC41E 


.0501 


Repeal 


Governing Body 




10NCAC41E 


.0502 


Repeal 


Finances 




10NCAC41E 


.0503 


Repeal 


Staff 




10NCAC41E 


.0504 


Repeal 


Personnel Policies 




10NCAC41E 


.0505 


Repeal 


Social Services: Admissions: 


Policies 


10NCAC41E 


.0506 


Repeal 


Social Services: Discharge Policies 


10NCAC41E 


.0507 


Repeal 


Social Services: Services to Child & Fam 


ly I0NCAC41E 


.0508 


Repeal 


Social Services: Visiting Policies 


10NCAC41E 


.0509 


Repeal 


Social Services: Follow Up Services 


10NCAC41E 


.0510 


Repeal 


Social Services: Records and 


Reports 


10NCAC41E 


.05 1 1 


Repeal 


Child Care and Development 


: Program 


I0NCAC41E 


.0512 


Repeal 


Education 




10NCAC41E 


.0513 


Repeal 



13:16 



NORTH CAROLINA REGISTER 



Fehruaty 15, 1999 



1350 



R ULES RE VIE W COMMISSION 



Child Care and Development: Health 


10NCAC41E.0514 


Repeal 


Child Care and Development: Recreation 


10NCAC41E.0515 


Repeal 


Discipline 


10NCAC41E.05I6 


Repeal 


Work 


I0NCAC41E.0517 


Repeal 


Exploitation 


10NCAC41E.0518 


Repeal 


Purpose 


10NCAC41E.0601 


Repeal 


Finances 


10NCAC4IE.0602 


Repeal 


Staff 


I0NCAC4IE.0603 


Repeal 


Personnel Policies 


I0NCAC41E.0604 


Repeal 


Social Services 


10NCAC41E.0605 


Repeal 


Child Care and Development 


10NCAC41E.0606 


Repeal 


Construction: General Requirements 


I0NCAC41E.0701 


Repeal 


Construction: Functional Requirements 


10NCAC41E.0702 


Repeal 


Construction: Fire Safety Regulations 


10NCAC41E.0703 


Repeal 


Construction: Health Regulations 


10NCAC41E .0704 


Repeal 


Definitions 


10NCAC41G .0501 


Repeal 


Purpose 


10NCAC41G.0502 


Repeal 


Location 


10NCAC41G .0504 


Repeal 


Governing Body 


10NCAC41G.0505 


Repeal 


Finances 


10NCAC41G.0506 


Repeal 


Staff: General 


10NCAC41G.0507 


Repeal 


The Director 


10NCAC41G.0508 


Repeal 


Supervisory Staff/Professional Services 


10NCAC41G.0509 


Repeal 


Clerical Staff 


10NCAC41G.05I0 


Repeal 


Child Care Staff 


10NCAC41G,05II 


Repeal 


Maintenance Staff 


I0NCAC41G .0512 


Repeal 


Personnel Policies 


I0NCAC41G.0513 


Repeal 


Staff 


I0NCAC41G.0601 


Repeal 


Admission Services 


10NCAC41G .0602 


Repeal 


Residential Services 


10NCAC41G.0603 


Repeal 


Discharge Services 


10NCAC41G.0604 


Repeal 


Records 


10NCAC41G .0605 


Repeal 


Reports 


10NCAC4IG.0606 


Repeal 


Social Aspects of Care 


10NCAC41G.0701 


Repeal 


Recreation 


10NCAC41G .0702 


Repeal 


Education 


10NCAC4IG.0703 


Repeal 


Religious Training 


10NCAC4IG.0704 


Repeal 


Medical Program 


10NCAC41G .0705 


Repeal 


Dental Program 


10NCAC41G.0706 


Repeal 


Routine Health Care and Personal Hygiene 


10NCAC41G.0707 


Repeal 


Nutrition 


10NCAC41G .0708 


Repeal 


Construction 


10NCAC4IG.0801 


Repeal 


Requirements for Approval 


10NCAC4IG.0802 


Repeal 


General Requirements 


10NCAC41G.0803 


Repeal 


Fire Safety 


10NCAC41G.0804 


Repeal 


General Sanitation 


10NCAC4IG .0805 


Repeal 


Bath and Toilet Facilities 


10NCAC41G .0806 


Repeal 


Sleeping Facilities 


10NCAC41G.0807 


Repeal 


Heat, Light, and Ventilation 


10NCAC4IG .0808 


Repeal 


Inspections 


10NCAC41G.0809 


Repeal 


License 


10NCAC41G .0902 


Repeal 


Definitions 


10NCAC41G .1001 


Repeal 


Purpose 


10NCAC4IG.1002 


Repeal 


Location 


10NCAC4IG .1004 


Repeal 


Governing Body 


10NCAC41G.1005 


Repeal 


Finances 


10NCAC4IG .1006 


Repeal 


Staff: General 


10NCAC4IG .1007 


Repeal 


The Director 


10NCAC41G.1008 


Repeal 



I 



1351 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



RULES REVIEW COMMISSION 



Supervisory Staff/Professional Services 


10NCAC41G .1009 


Repeal 


Clerical Staff 


10NCAC41G .1010 


Repeal 


Child Care Staff 


10NCAC41G.I011 


Repeal 


Maintenance Staff 


10NCAC41G .1012 


Repeal 


Personnel Policies 


10NCAC41G.I0I3 


Repeal 


Staff 


10NCAC41G .1101 


Repeal 


Admission Services 


10NCAC41G .1102 


Repeal 


Residential Services 


10NCAC41G.1103 


Repeal 


Discharge Services 


10NCAC41G .1104 


Repeal 


Records 


10NCAC4IG.1105 


Repeal 


Reports 


10NCAC41G .1106 


Repeal 


Social Aspects of Care 


10NCAC41G .1201 


Repeal 


Recreation 


10NCAC41G .1202 


Repeal 


Education 


10NCAC41G .1203 


Repeal 


Religious Training 


10NCAC4IG.1204 


Repeal 


Medical Program 


10NCAC41G .1205 


Repeal 


Dental Program 


10NCAC41G.1206 


Repeal 


Routine Health Care and Personal Hygiene 


10NCAC41G .1207 


Repeal 


Nutrition 


10NCAC41G.I208 


Repeal 


Construction 


10NCAC41G .1301 


Repeal 


Requirements for Approval 


10NCAC41G.1302 


Repeal 


General Requirements 


10NCAC41G .1303 


Repeal 


Fire Safety 


10NCAC41G.1304 


Repeal 


Health Aspects 


10NCAC41G .1305 


Repeal 


Bath and Toilet Facilities 


10NCAC41G.1306 


Repeal 


Sleeping Facilities 


10NCAC41G .1307 


Repeal 


Heat. Light, and Ventilation 


10NCAC4IG.1308 


Repeal 


Inspections 


10NCAC4IG .1309 


Repeal 


License 


10NCAC4IG .1402 


Repeal 


Applicability 


10NCAC4IR.0101 


Repeal 


Administration and Organization 


10NCAC41R.0102 


Repeal 


Program Requirements and Services 


10NCAC41R.0I03 


Repeal 


Facilities 


10NCAC41R.0I04 


Repeal 


Transportation 


10NCAC41R.0I05 


Repeal 


Daily Life 


10NCAC41R .0106 


Repeal 


Education 


10NCAC41R.0107 


Repeal 


Licensing Actions 


10NCAC41S.0101 


Adopt 


Licensing Process 


10NCAC4IS.0I02 


Adopt 


Definitions 


10NCAC4IS .0201 


Adopt 


Responsibility to Div. of Social Services 


10NCAC41S.0202 


Adopt 


Substantiations of Neglect Against Facility 


10NCAC41S .0203 


Adopt 


Licensure Procedures 


I0NCAC41S .0204 


Adopt 


Governance 


10NCAC41S.0301 


Adopt 


Responsibilities of the Governing Body 


10NCAC41S.0302 


Adopt 


Finances 


10NCAC41S.0303 


Adopt 


Internal Operating Procedures 


10NCAC41S.0304 


Adopt 


Recordkeeping and Reporting 


10NCAC41S.0305 


Adopt 


Client Rights 


10NCAC4IS .0306 


Adopt 


Grievance Procedures 


10NCAC41S.0307 


Adopt 


Personnel Policies 


10NCAC41S .0401 


Adopt 


Personnel Deployment 


10NCAC41S .0402 


Adopt 


Personnel File 


10NCAC41S .0403 


Adopt 


Personnel Qualifications 


10NCAC41S.0404 


Adopt 


Personnel Positions 


10NCAC41S .0405 


Adopt 


Auxiliary Services Personnel 


10NCAC41S .0406 


Adopt 


Volunteers 


10NCAC4IS.0407 


Adopt 


Admission Policies 


10NCAC41S.0501 


Adopt 


Admission Procedures 


IONCAC4IS.0502 


Adopt 



13:16 



NORTH CAROLINA REGISTER 



Februan' 15, 1999 



1352 



R VLES RE VIE W COMMISSION 



Admission Agreement 


IONCAC41S.0503 


Orientation 


10NCAC41S.0504 


Discharge Policies and Procedures 


I0NCAC41S.0505 


Client Records 


10NCAC41S.0506 


Program Policies and Practices 


10NCAC41S.0601 


Family Involvement 


10NCAC41S.0602 


Visiting Resources 


10NCAC41S.0603 


Health Services 


10NCAC41S.0604 


Routine Aspects of Health 


10NCAC41S,0605 


Nutrition 


10NCAC41S.0606 


Health Education 


10NCAC41S.0607 


Educational and Vocational Services 


10NCAC41S.0608 


Recreation and Leisure Activities 


10NCAC41S.0609 


Religion and Spiritual 


I0NCAC41S.06I0 


Personal Possessions and Money 


10NCAC41S.06!1 


Work 


10NCAC41S.0612 


Discipline and Behavior Management 


10NCAC41S.0613 


Incident Reports 


10NCAC41S.0614 


Searches 


10NCAC41S.0615 


Requirements for Approval 


10NCAC41S.0701 


Construction and Renovation 


10NCAC41S.0702 


Applicable Building Codes 


10NCAC41S.0703 


Fire and Building Safety 


10NCAC41S.0704 


General Sanitation 


10NCAC41S.0705 


Bathing and Toilet Areas 


10NCAC41S.0706 


Sleeping Areas 


10NCAC41S.0707 


Living/Activity Areas 


10NCAC41S.0708 


Dining Areas 


10NCAC41S.0709 


Heat. Light and Ventilation 


10NCAC41S.0710 


Exterior Space 


10NCAC41S.0711 


Inspections 


10NCAC41S.0712 


Vehicles Used for Transportation/Children 


10NCAC41S.0713 


Applicability 


10NCAC41T.0101 


Admission Criteria 


10NCAC41T.0102 


Personnel 


10NCAC41T.0103 


Service Planning 


10NCAC41T.0104 


Service Delivery 


10NCAC41T.0105 


Buildings. Grounds & Equipment 


IONCAC41T.0106 


Applicability 


10NCAC41T.0201 


Admission Procedures 


10NCAC41T.0202 


Admission Criteria 


I0NCAC41T.0203 


Recordkeeping 


10NCAC41T.0204 


Service Planning 


10NCAC41T.0205 


Discharge Services 


10NCAC41T.0206 



Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 
Adopt 



I 



DHHS/DIVISION OF MEDICAL ASSISTANCE 

United States Citizen 
Income 



I0NCAC50B.0302 
10NCAC50B.0313 



Amend 
Amend 



DENR/WILDLIFE RESOURCES COMMISSION 

Dare County 
Catawba County 



15NCAC 10F.0310 Amend 

15NCAC 10F.0342 Amend 



RULES REVIEW COMMISSION 

January 21, 1999 
MINUTES 



1353 



NORTH CAROLINA REGISTER 



Fehruan 15, 1999 



13:16 



R ULES RE VIE W COMMISSION 



The Rules Review Commission met on Januar>' 21. 1999. in the West Wing Conference Room of the Methodist Building, 1307 
Glenwood Avenue. Raleigh, North Carolina. Commissioners in attendance were Chairman Paul Powell, David R. Twiddy, Steven 
P. Rader, R. Palmer Sugg, Laura Devan, John Arrowood, Mark P. Garside, and George S. Robinson. 

Staff members present were: Joseph J. DeLuca, Staff Director; Bobby Bryan, Rules Review Specialist; and Sandy Webster. 

The following people attended: 

Jackie Herbster Kilpatrick Stockton 

Patrice Alexander NC Board of Employee Assistance Professionals 

Warren Plonk State Budget 

Alicia Gregory Poyner & Spruill 

Roy Sonorick DHHS'MH/DD/SAS 

Glenda Harris DHHS 

APPROVAL OF MINUTES 

The meeting was called to order at 10:10 a.m. with Chairman Powell presiding. He asked for any discussion, comments, or 
corrections concerning the minutes of the December 17. 1998 meeting. There being none, the minutes were approved. 

FOLLOW-UP MATTERS 

4 NCAC 1 E .0104: COMMERCE/Commerce Finance Center - The rewritten rule submitted by the agency was approved by the 
Commission. 

4 NCAC 1 K .0102, .0103, .0302, and .0402: COMMERCE/Commerce Finance Center - The rewritten rules submitted by the agency 
were approved by the Commission. 

4 NCAC 3B .0101, .0102, and .0103: COMMERCE/Banking Commission - The agency requested additional time to rewrite these 
rules. No action was necessar\. Commissioner Arrowood recused himself from an\ action on these rules. 

4 NCAC 3H .0002: COMMERCE/Banking Commission - The agency requested additional time to rewrite this rule. No action was 
necessarv'. Commissioner Arrowood recused himself from any action on this rule. 

10 NCAC 3R .6112: DHHS/Medical Care Commission ~ The agency and those opposed to this rule requested additional time to 
rewrite the rule. No action was necessary. 

10 NCAC 26H .0304: DHHS/Division of Medical Assistance - The rewritten rule submitted by the agency was approved by the 
Commission. 

12 NCAC 7D .1201, .1202, .1301, .1302. .1303. .1304. .1305, ,1306. and .1307: JUSTICE/N C Private Protective Services Board 
- No response was received fi-om the agencv on these rules so the> were returned to the agency for failure to compK with the APA. 

17 NCAC 6B .0118: DEPARTMENT OF REVENUE - No action was necessary on this rule. 

21 NCAC 46 .1804 and .2506: NC Board of Pharmacy -No response was received on these rules. 

21 NCAC 57A .0305: NC Appraisal Board - The agencN stated that this rule would be addressed at their Februar\ 18. 1999 meeting. 

LOG OF FILINGS 

Chairman Powell presided over the review of the log and all rules were unanimously approved with the following exceptions: 

10 NCAC 14V .4301 : DHHS/Commission for MH/DD/SAS - The Commission objected to this rule due to ambiguity. In (2)(a), it 
is not clear what is meant by a "nationally accredited" therapeutic community-. Who does the accrediting? 



13:16 NORTH CAROLINA REGISTER February 15, 1999 1354 



RULES REVIEW COMMISSION 



15A NCAC 21 H .0110: DENR/Commission for Health Services- The Commission extended the period of review on this rule in 
order to receive information on whether "other rare hemoglobins with symptomatic abnormal clinical thalessima disease" is a variant 
of sickle cell disease, sickle cell trait, or sickle cell thalassemia. 

2 1 NCAC 11 .0 1 09: NC Board of Employee Assistance Professionals - The Commission objected to this rule due to ambiguity. The 
last two sentences in this rule contradict each other. One sentence says the materials may be obtained at no cost while the other says 
costs vary. It therefore is not clear what the costs are. 

COMMISSION PROCEDURES AND OTHER MATTERS 

A resolution was adopted by the Commission allowing employees of the Rules Review Commission to participate in a 40 1 (k) plan. 
Mr. DeLuca announced that Ms. Gruber would be retiring on March 31, 1999 after 10 years with the Commission. The Joint 
Legislative Administrative Procedures Oversight Committee met recently. Elections were held for the Rules Review Commission 
and Commissioner Powell was unanimously reelected as Chairman and Commissioner Smallwood was unanimously reelected Vice 
Chairman. Commissioner Rader was unanimously elected as second Vice Chairman. 

The next meeting will be on February 18, 1999. 

The meeting adjourned at 1 1 : 1 a.m. 

Respectfully submitted, 
Sandy Webster 



\ 



1355 NORTH CAROLINA REGISTER February IS, 1999 13:16 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Lonv Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the 
decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of 
Administrative Hearings. (919) 733-2698. Also, the Contested Case Decisions are entailable on the Internet at the following 
address: http.'/www. state. nc. us/OAH/hearings/decision/caseindex. htm. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN. Ill 

Senior .Administrative Law Judge 

FRED G. MORRISON JR. 

ADMIMSTRATIVE LAW JUDGES 



Sammie Chess Jr. 
Beecher R. Gray 
Melissa Owens 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores O. Smith 
Beryl E. Wade 



A^.E^c^ 

ADMlMSTlt^TION 

Occaneechi Band of the Saponi Nation V NC Comm of Indian AITairs 
Carlton L Coleman v Administration, Division of Purchase and Contract 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Alcohohc Beverage Control Commission v Kenneth Jerome 
Alcoholic Beverage Control Commission v Jesse Jacob Joyner. Jr 
Alcoholic Beverage Control Commission v Trade Oil Compans. Inc 
Alcoholic Beverage Control Commission \ Pantana Bobs. Inc 
Alcoholic Beverage Control Comm \ Partnership T/A C & J's Shipureck 
Alcoholic Beverage Control Comm v Harold Webster Hadnott 
Alcoholic Be\erage Control Commission v Axis Entertainment 
Sokha iJuor Ramadneh v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Delores Williams AInaqib 
Alcoholic Beverage Control Commission \ Axis Entertainment 
Alcoholic Beverage Control Commission \ James Aubrey Stephenson 
Alcoholic Beverage Control Commission v Bridgette Dee Williams 
Alcoholic Beverage Control Commission v Robert Lee. Inc 
Alcoholic Beverage Control Comm v Partnership, T/A Variety Pic Up #21 
Tarus Jackson \ Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm v Simple Elegance Restaurants. Inc 
Alcoholic Beverage Control Comm v Daniel Hinton Green 
Alcoholic Bexerage Control Comm \ Zaheer Ahmad Baiua 
Alcoholic Beverage Control Comm v Jerald Taft Howell. Jr 
Alton Ollivierra Perr. v Alcoholic Beverage Control Commission 

BOARD OF CONTRACTORS 

Heritage Pointe Builders, Inc & Patrick Hannon v Bd of Contractors 

CRIME C ONTROL AND PLBLIC SAFETY 

Loretta Battle \ Crime Victims Compensation Commission 
Cynthia Austin v Crime Victims Compensation Commission 
Marcella Skaggs v Crime Victims Compensation Commission 
Talmadge E McHenr\ \ Crime Victims Compensation Commission 
Linda Caldwell Wiggins v Crime Victims Compensation Commission 
Kenneth T I,>11e \ Crime Victims Compensation Commission 



CASE 




D.ATE OF 


PLBLISHED DECISION 


NIMBER 


AIJ 


DECISION 


REGISTER ( ITATION 


96 DOA 0006 


Smith 


1 2/07/98 


13 13 NCR 1075 


98 DOA 1016 


Phipps 


12/16/98 




97 ABC 1205 


Phipps 


07/23/98 




97 ABC 1438 


Phipps 


06/19/98 




98 ABC 003.1 


Reillv 


08/21/98 




98 ABC 0293 


Reilllv 


09/17/98 


13 11 NCR 933 


98 ABC 0296 


Morrison 


08/19/98 




98 ABC 0324 


Smith 


12/02/98 




98 ABC 0357*' 


Reillv 


07/02/98 




98 ABC 0382 


Smith 


06/30/98 


13 03 NCR 350 


98 ABC 0392 


Chess 


07/30/98 




98 ABC 0401*' 


Reillv 


07/02/98 




98 ABC 0494 


Chess 


09/01/98 




98 ABC 0501 


Reillv 


08/11/98 




98 ABC 0518 


Gra\ 


08/11/98 




98 ABC 0714 


Morrison 


10/09/98 




98 ABC 0768 


Smith 


07/13/98 




98 ABC 0850 


Phipps 


10/26/98 




98 ABC 0889 


Morrison 


11/06/98 




98 ABC 0960 


C>\\ens 


10/30/98 




98 ABC 1171 


Smith 


12/03/98 




98 ABC 1298 


Owens 


11/23/98 




97 LBC 0243 


Phipps 


08/17/98 




97 CPS 0654 


Gray 


08/10/98 




97CPS 1499 


Reillv 


08/12/98 


1 3 05 NCR 533 


98 CPS 0065 


Owens 


06/05/98 




98 CPS 01 16 


Gra\ 


06/24/98 




98 CPS 01 53 


Chess 


08/27/98 




98 CPS 01 76 


Reillv 


07/06/98 





13:16 



NORTH CAROLINA REGISTER 



Fehruai^' 15, 1999 



1356 



CONTESTED CASE DECISIONS 



AGENCY 

Shirley HenPihand v Crime Victims Compensation Commission 
Brenda Jean Thomas v Cnme Victims Compensation Commission 
Tareyton L Johnson v Crime Victims Compensation Commission 
Mia Thompson-Clark v Crime Victims Compensation Commission 
Godfrey Akenabor v Crime Victims Compensation Commission 
Valine H Thompson v Crime Victims Compensation Commission 
Rufus K Williams \ Department of Crime Control & Public Safety 
Faye E Powell v Crime Victims Compensation Commission 
Hubert Lee Grant v Crime Victims Compensation Commission 
Mary Elizabeth Troulman \ Crime Victims Compensation Comm 
Brenda H Alston v Crime Victims Compensation Commission 
Shirley P Chen v Crime Victims Compensation Commission 
Kenneth B Hall. Sr v Crime Victims Compensation Commission 
Dunnie G Smith v Crime Victims Compensation Commission 
Felicia House v Crime Victims Compensation Commission 
Antonia F Jones v OtTice of Administrative Hearings 

ENGINEERS AND SURVEYORS, BOARD OF EXAMINERS FOR 

Thomas A Truelove. Jr. PE v Ed /Examiners/Engineers and Surveyors 

EN\ IRONMENT AND NATl R4L RESOl RCES 

Albert C Wright, Jr v Environment. Health. & Natural Resources 
Albert C Wright. Jr v Environment. Health. & Natural Resources 
Ladane Williamson and Odell Decarol Williamson v DENR 
Teresa Heflin v Department of Environment and Natural Resources 
Ronald Prater v Department of Environment and Natural Resources 
James F Smith v Department of Environment and Natui^l Resources 
William Hickman v Department of Environment and Natural Resources 
Hickory Alliance \ Department of Environment and Natural Resources 
and 

Godfrey Lumber Company. Inc 
John M Silvia V Department of Environment and Natural Resources 
Godfrey Lumber Company. Inc v Dept./Environment & Natural Resources 
and 

Hickory Alliance 
Gregorys Jackson. Brenda R Jackson v Greene Cty Hlth. Dept, ENR 
Robert G GotT. Sr v Department of Environment and Natural Resources 
Scotland Water, Cedar Circle v Environment and Natural Resources 
Womble & Company v Dept of Environment and Natural Resources 
Eric Glenn Hartison v Environment and Natural Resources 
Robert G GofT. Sr v Department of Environment and Natural Resources 
Mid South Water S\stems. Inc \ Environment and Natural Resources 
Wilbur E Earp v Department of Environment and Natural Resources 
Norell Bahrs \ Carteret Cty Health Dept . DENR 
Charles Davis v Department of Environment and Natural Resources 
JC Faw V Department of Environment and Natural Resources 
Unicon Concrete. Inc v Dept of Environment and Natural Resources 
Hugh & Bonnie Mills v Dept of Environment and Natural Resources 
JM's Professional Construction Svcs . Ltd v DENR 
Ronald E Bennett n Environment and Natural Resources 
Don W Hunt \ Halifax County Health Department 
Amos Vaughan v Department of Environment and Natural Resources 

Division of Air Quality 

Sebring Dev . Patrick Queen/John Amirante v DENR, Air Quality- 
John Beard \ DENR. Division of Air Quality 

Division of Coastal Management 

Preston Warren v DiMsion of Coastal Management. Wilmington, NC 
Marion T Noe \ DENR. Division of Coastal Management 

Division of Environmental Health 

Gerald P Sigal v DENR. Division of Environmental Health 
Ronnie Lee Hamill v Pitt Cty Health Dept . Environmental Health Di\ 
Joe Scichilone V Crave Natural Resources. Div of En\ironmental Health 
Ralph R Crotts \ Burke County Env Health Dept . Septic Tank Di\ 

Division of Environmental Management 

Save Our Ri\ers. Inc . et al v Town of Highlands. EFTNR. Env Mgmt . 

William W Cobev. Jr . Secretar. 
US Dept of the Interior Nat'l Park Svce v Environmental , Mgmt Comm 

Division of Marine Fisheries 

Lady LaShanda Melvin Bnant \ EHNR. Division of Marine Fisheries 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


98 CPS 0263 


Mortison 


08/11/98 




98CPS0314 


Mortison 


08/11/98 




98 CPS 0327 


Reillv 


09/02/98 




98 CPS 0349 


Chess 


05/14/98 




98 CPS 0427 


Owens 


10/30/98 


13 12NCR 1015 


98 CPS 0674 


Mortison 


11/18/98 




98 CPS 0676 


Mortison 


1 0/23/98 




98 CPS 0808 


Owens 


08/28/98 




98 CPS 0839 


Mortison 


10/21/98 


13 10 NCR 853 


98 CPS 0901 


Smith 


11/12/98 




98 CPS 0952 


Phipps 


n /1 0/98 




98 CPS 1015 


Phipps 


09/17/98 




98 CPS 1170 


Mann 


12/21/98 




98 CPS 1201 


Reilly 


01/04/99 




98 CPS 1273 


Smith 


01/25/99 




98 CPS 1403 


Gray 


01/29/99 




98 ELS 0047 


Mann 


11/12/98 


13 12 NCR 1035 


96EHR0610*" 


Gray 


01/29/99 




96EHR0630*" 


Gray 


01/29/99 




96EHR 1926 


Gray 


09/01/98 


13 07 NCR 609 


97 EHR 0409 


Mortison 


07/29/98 




97EHR0451 


Reillv 


07/02/98 




97 EHR 1365 


Chess 


07/17/98 




97 EHR 1388 


Grav 


11/06/98 


13 11 NCR 928 


97 EHR 1607 


Reilly 


07/17/98 




97 EHR 1646 


Chess 


06/03/98 




97 EHR 1676 


Reilly 


07/17/98 




98 EHR 0042 


Reilly 


07/02/98 




98 EHR 0072*- 


Gray 


06/25/98 




98 EHR 0236 


Smith 


06/09/98 




98 EHR 0345 


Chess 


1 1 /05/98 




98 EHR 0373 


Reilly 


08/28/98 




98 EHR 0448'- 


Gray 


06/25/98 




98 EHR 0548 


Gray 


12/02/98 




98 EHR 0606 


Smith 


10/21/98 




98 EHR 0884 


Owens 


11/02/98 




98 EHR 0890 


Owens 


11/09/98 




98 EHR 0957 


Gray 


12/11/98 




98 EHR 0990 


Mann 


01/14/99 




98 EHR 1090 


Phipps 


12/08/98 




98 EHR 1217 


Owens 


12/21/98 




98 EHR 1237 


Owens 


12/29/98 




98 EHR 1285 


Gray 


12/17/98 




98 EHR 1538 


Reilly 


01/15/99 




98 EHR 0926 


Phipps 


12/11/98 




98 EHR 1314 


Gray 


01/29/99 




98 EHR 01 77 


Phipps 


1 0/05/98 




98 EHR 0976 


Smith 


12/02/98 




98 EHR 005 1 


Smith 


1 0/02/98 




98 EHR 1200 


Smith 


1 2/29/98 




98 EHR 1286 


Chess 


01/07/99 




98 EHR 1334 


Owens 


01/14/99 




91 EHR 0377 


Gray 


07/30/98 




98 EHR 04 10 


Smith 


08/20/98 


1306 NCR 578 


97 EHR 1459 


Grav 


07/20/98 





I 



1357 



NORTH CAROLINA REGISTER 



Februaiy 15, 1999 



13:16 



CONTESTED CASE DECISIONS 



AGENCY 

Gerald Moore, et al v DENR, Division of Marine Fisheries 

Division of Solid H'asle Management 

Steve Aldridge, et al v DENR, Division ol Solid Waste Management 

Division of Water Quality 

Ra\mond L Martin v DENR. Division of Water Oualit\ 

Worsley Oil Companies, Inc v DENR, DWQ, Groundwater Section 

Silver Bullet. Inc v DENR. Division of Water Qualits 

HEALTH AND HI MAN SERVICES 

Stanlev C Ochulo v Off /Administrative Hearings. Mr R Marcus Lodge 

Oliver C Johnson. Hazel T Johnson v Health and Human Services 

Louise Streater \ Health and Human Services 

Richard E Laurence. Rebecca A Lawrence v Health and Human Services 

John David Brinson \ Department of Human Resources 

Stephanie Wade \ Department of Health and Human Ser\ ices 

Carolyn L Freeman v Department of Human Resources 

Otis L Mack. Jr v OtFice of Administrative Hearings 

Christopher Germane. Lee Germano v Department of Health 

Carol and Conrad Runkel \ Department of Human Services 

Donald Wayne Perry v OtTice of Emergency Medical Services 

E Jean Woods v EDS - Medicaid 

Soma Schaefer Jolh v Village Care King, Autumn Care, DHHS 

Sandra Nelson Molina v Department of Health & Human Services 

Bemadette Anderson v Department of Health & Human Services 

Cheryl Lynn Staton v Department of Health & Human Services 

Mary Barrier v Administrative Hearing 

James Michael Wallace v Department of Human Resources 

Barbara Jump v Department of Human Services 

Brandy Shea Minton v Markus Lodge, General Counsel 

Division of Child Development 

Dulatown Presbvtcrian Children's Ctr v DHHS. Child Development 
Cookie's Day Care Home. Wonza W Garolds \ DHHS. Child Dev 
Cassandra Myers v Division of Child Development 
Theresa McConnick \ DHHS. Division of Child Development 
Dulatovvn Presbylenan Children Ctr \ DHR. Child Development 
Dora's Child Development Center v Mecklenburg Ct\ DSS. and DHR 
Victory Day Care & Learning Ctr . Joe Walters v DHHS. Child Dev 
Four-Count\ Community Serv ices, Inc v Human Resources, Child Dev 

Division of Facility Services 

Pearlie V\ Lavvson v DHHS. Facility Svcs . Health Care Personnel Reg 
Annie K Morgan v Health & Human Services . Facility Services 
Mooresville Hospital Mgmt Associates, Inc d/b/a Lake Norman Regional 

Medical Center v DHR, Facility Senices, Certificate of Need Section 
and 

Autumn Corporation and McKinley V Jumey 
Warren Moore & Catherine Moore v DHR. Div of Facility Services 
Constellation Health Services. Inc and Constellation Senior Services, 

Inc V DHR. Facility Services. Group Care Licensure Section 
and 

Diversified Health Group. LLC and The Innovative Health Group. Inc 
Dialysis Care of NC. LLC. d/b/a Dialysis Care of Rowan County 

V DHR. Division of Facilitv Services. Certificate of Need Section 

V Biomedical .Applications ofNC. Inc d/b/a BMA of Kannapolisd/h/a 
Metrolina Kidney Center of Kannapolis (Lessee) and Metrohna Nephrology 
Associates. PA (Lessor) 

Robin Annette Reavis v Health and Human Svcs . Div of Facilitv Svcs 
Jennifer Bloteld v DHHS. Facilifv Svcs . Health Care Personnel Registrv 
Sunlite Retirement Home. Winnie Jane Johnson v DHR. Facility Services 
Helen Shokoti v Health and Human Services. Div of Facility Services 
.'\nn Dav IS Rest Home v Group Care Licensure Section 
Diane Lingard v DHR. Facility Svcs. Health Care Personnel Reg 
Kimberly Annette Smith Hull v DHHS. Division of Facility Services 
Living Centers-Southeast. Inc . Lutheran Retirement Center-Wilimington. 

inc . and New Hanover Health Care Center. L L C v DHHS. Div of 

Facility Services, Certificate of Need Section, 
and 
Devin Pannership and Devm Health Care Associates, LLC, Columbia 

Cape Fear Healthcare System, Limited Partnership, Living Centers 

Southeast. Inc . 1 utheran Retirement Center-Wilmington Inc . and 

New Hanover Health Care Center LLC 



CASE 




DATE OF 


PIBLISHED DECISION 


NIMBER 


AU 


DECISION 


REGISTER CITATION 


98 EHR 0322 


Owens 


10/08/98 


13 09 NCR 797 


98 EHR 0665 


Chess 


09/09/98 


13 07 NCR 617 


98 EHR 0590 


Grav 


09/2 1 /98 




98 EHR 0735 


Chess 


08/24/98 




98 EHR 0931 


Chess 


08/20/98 




98 DHR 0021 


Reilly 


06/24/98 




98 DHR 0090 


Gray 


07/08/98 




98 DHR 0196 


Gray 


06/03/98 




98 DHR 0209 


Phipps 


07/15/98 




98 DHR 0369 


Owens 


08/17/98 




98 DHR 0666 


Reilly 


08/19/98 




98 DHR 0721 


Gray 


08/05/98 




98 DHR 0729 


Phipps 


09/09/98 




98 DHR 0780 


Owens 


07/28/98 




98 DHR 1047 


Smith 


1 2/04/98 




98 DHR 1097 


Smith 


01/13/99 




98 DHR 1118 


Gray 


10/26/98 




98 DHR 1 134 


Chess 


01/07/99 




98 DHR 1243 


Chess 


01/21/99 




98 DHR 1257 


Morrison 


12/11/98 




98 DHR 1259 


Smith 


11/30/98 




98 DHR 1287 


Chess 


11/19/98 




98 DHR 1340 


Grav 


12/21/98 




98 DHR 1350 


Reilly 


01/20/99 




98 DHR 1 595 


Smith 


01/06/99 




98 DHR 0654 


Gray 


08/06/98 




98 DHR 0946 


Gray 


01/13/99 




98 DHR 0948 


Owens 


09/03/98 




98 DHR 0989 


Smith 


12/29/98 




98 DHR II 12 


Morrison 


10/16/98 




98 DHR II 84 


Phipps 


09/25/98 




98 DHR 1533 


Smith 


01/25/99 




98 DHR 1 534 


Smith 


01/25/99 




97 DHR 10.34 


Becton 


07/30/98 




97 DHR 1046*" 


Phipps 


07/23/98 




97 DHR 1209 


Reilly 


06/23/98 





97 DHR 1279 
97 DHR 1 529 



97 DHR 158 



Mann 
Grav 



Phipps 



09/08/98 
06/24/98 



08/31/98 



97 DHR 1672 


Reilly 


08/12/98 




98 DHR 0096 


Gray 


08/21/98 




98 DHR 0124 


Phipps 


06/11/98 




98 DHR 0173 


Chess 


08/26/98 




98 DHR 0197 


Phipps 


06/23/98 




98 DHR 0214 


Becton 


06/22/98 




98 DHR 0239 


Phipps 


06/23/98 




98 DHR 0244*" 


Phipps 


1 1 /24/98 


13 12 NCR 1018 



13:16 



NORTH CAROLINA REGISTER 



February 15, 1999 



1358 



CONTESTED CASE DECISIONS 



AGENCY 

Living Centers-Southeast, Inc , Lutheran Retirement Center-Wihmmgton, 

Inc , and New Hanover Heahh Care Center, LLC v. DHHS, Div of 

Facihty Services, Certificate of Need Section, 
and 
Devin Partnership and Devin Health Care Associates, L L C , Columbia 

Cape Fear Healthcare System. Limited Partnership, Living Centers 

Southeast, Inc , Lutheran Retirement Center-Wilmington Inc , and 

New Hanover Health Care Center LLC 
Living Centers-Southeast, Inc , Lutheran Retirement Center-Wilimmgton, 

Inc , and New Hanover Health Care Center, LLC v DHHS, Div of 

Facility Services, Certificate of Need Section, 
and 
Devin Partnership and Devin Health Care Associates, LLC. Columbia 

Cape Fear Healthcare System, Limited Partnership, Living Centers 

Southeast, Inc , Lutheran Retirement Center-Wilmington Inc , and 

New Hanover Health Care Center LLC 
Rose Mane Spencer v DHHS, Division of Facility Services 
Deborah Ann Holt v DHHS, Division of Facility Sen.'ices 
Columbia Direct Mktg Corp v DHHS, Facility Svcs , Soltn Lie Br 
Tern Michelle Tyler v Health & Human Svcs, Div of Facility Services 
Dons Jones Holmes v DHHS, Facility Svcs, Health Care Personnel Reg 
Annie K Morgan v Health & Human Services , Facility Services 
Shirley Bowling v DHHS. Facility Services, Health Care Personnel Reg 
Johnnie E Williams v DHHS, Division of Facility Services 
Christy Jeton Hall v DHHS. Division of Facility SeiA'ices 
Judith May Gale v DHHS. Division of Facility Services 
Latonia Denise Thomas v DHHS, Division of Facility Services 
Tracey Deirde Galloway v DHHS, Facility Svcs , Health Care Per Reg 
Afi Teavvanda Byrd v DHHS. Division of Facility Services 
Happy Dan's Home. Gladys Cooke v Facility Svcs . Group Care Lie Sect 
Wanda Best v Division of Facility Services, DHHS 
Tracey Yelverton v DHHS. Division of Facility Services 
Rose Mane Hadley v DHHS. Division of Facility Services 
Robena Juanita Jones v DHHS. Division of Facility Services 
Mona Lisa Lucas v DHHS. Division of Facility Services 
Edna Weaver Sawyer v DHHS. Division of Facility Services 
Linda Estes Richardson v DHHS. Division ofFaciIity Services 
Shirley L Smith, a/k/a Shirley Lee Turner v DHHS. Facility Services 
Felicia Ozoms v DHHS. Division of Facility Services 
Bridgette Taylor v Nurse Aide I Program. DFS 
Jamie Jamigan Oaks v DHHS. Division of Facility Services 
Barbara Davis v DHHS. Division of Facility Services 

Division of Medical Assistance 

Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Medical Ctr. 

and Harry Mahannah. M D v DHHS. Division of Medical Assistance 
Isaiah Smith, Jr , by/through his Guardian, Lawrence E Thompson. Ill 

V DHHS. Division of Medical Assistance 
William M Bell. Jr v DHHS. Medical Assistance, Third Party Rec Sec 
AlicF Schneider Julia R Hammonds v DHHS, Medical Assistance 
Apnl Dawn Bass v DHHS, Division of Medical Assistance 

Division of Social Services 

William & Crystal Steakley v DHHS, Division of Social Services 

Raji Abdus-Salaam v Department of Human Resources, DSS-DCA 

Child Support Enforcement Section 
William Robert Cameron v Department of Human Resources 
Robert H Black v Guilford County Child Support Enforcement 
Dorman E Drake v Department of Human Resources 
Garry R McNeill v Department of Human Resources 
Robert Alan Davis v Department of Human Resources 
Michael W White v Department of Human Resources 
Troy R Emmons, Jr v Department of Human Resources 
Marvin A. Pikev Department of Human Resources 
Mary Putnam Avery v DSS, Durham County Child Support Enforcement 
Anthony B GnlTin v Department of Human Resources 
Gilbert G Gray v Department of Human Resources 
Jimmy Dorsey v Department of Human Resources 
Herbert Leon Sellers \ Department of Human Resources 
Gregorv Boren v Department of Human Resources 
David W Davis V Department of Human Resources 
DaleW Hutchinson v Department of Human Resources 
Kelvin Cherry v Department of Human Resources 



CASE 
NUMBER ALJ 

98DHR0245*" Phipps 



DATE OF 
DECISION 



11/24/98 



PI BLISHED DECISION 
REGISTER CITATION 



13 12NCR 1018 



98 DHR 0247*" Phipps 



98 DHR 0279 


Chess 


98 DHR 0348 


Phipps 


98 DHR 0394 


Mortison 


98 DHR 0458 


Grav 


98 DHR 0463 


Grav 


98 DHR 0496»" 


Phipps 


98 DHR 0547 


Gray 


98 DHR 0639 


Reillv 


98 DHR 0706 


Grav 


98 DHR 0739 


Owens 


98 DHR 0809 


Grav 


98 DHR 0824 


Gray 


98 DHR 0838 


Reilly 


98 DHR 0885 


Owens 


98 DHR 0936 


Chess 


98 DHR 0955 


Owens 


98 DHR 0970 


Smith 


98 DHR 1089 


Gray 


98 DHR 1110 


Gray 


98 DHR nil 


Grav 


98 DHR 1131 


Chess 


98 DHR 1132 


Chess 


98 DHR 1173 


Grav 


98 DHR 1283 


Mann 


98 DHR 1284 


Smith 


98 DHR 1317 


Gray 


97 DHR 0621 


Smith 


98 DHR 0273 


Gray 


98 DHR 0979 


Mann 


98 DHR 0994 


Morrison 


98 DHR 1687 


Mann 


98 DHR 0076 


Grav 


98 DHR 0771 


Owens 


96CRAI525 


Grav 


96 CRA 1 548 


Mann 


96CRA 1717 


Smith 


96 CRA 1 743 


Reilly 


96 CRA 1781*' 


Phipps 


96 CRA 1784 


Grav 


96 CRA 1798 


Reilly 


96 CRA 1814 


Chess 


96 CRA 1849 


Mortison 


96 CRA 1855 


Grav 


96 CRA 1858 


Mortison 


96 CRA 1862 


Smith 


96 CRA 1932 


Smith 


96 CRA 1945 


Grav 


96 CRA 1976 


Smith 


96 CRA 1981 


Mann 


97 CRA 0026 


Grav 



11/24/98 



01/07/99 
06/22/98 
12/31/98 
08/21/98 
08/2 1 /98 
07/23/98 
11/09/98 
07/02/98 
10/12/98 
12/16/98 
10/23/98 
09/24/98 
12/29/98 
11/19/98 
01/11/99 
01/04/99 
10/08/98 
12/29/98 
01/04/99 
01/04/99 
01/07/99 
01/07/99 
01/20/99 
12/14/98 
01/12/99 
12/21/98 



07/08/98 

12/07/98 

01/13/99 
10/29/98 
01/14/99 



07/20/98 
07/30/98 



01/11/99 
10/09/98 
08/25/98 
10/22/98 
08/20/98 
09/25/98 
08/25/98 
09/24/98 
09/01/98 
12/18/98 
10/08/98 
12/15/98 
11/06/98 
12/14/98 
11/06/98 
08/26/98 
12/14/98 



13I2NCR 1018 



!3:I6NCR 1365 



I 



1359 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



CONTESTED CASE DECISIONS 



AGENC\ 

Joe A Lynch \ Depanmem of Human Resources 

Gar> W Wampler \ Department of Human Resources 

Kenneth f'ugene Scott v Department ot" Human Resources 

Mark Ouens Frmk \ Department of Human Resources 

Jeffers Lee Graves v Department of Human Resources 

Donald L Carr, Jr v Department of Human Resources 

Mar\m Diggs v Department of Human Resources 

Michael Patrick Dyme v Department of Health & Human Sen ices 

Paula C Freeman v Department of Health & Human Services 

Sherman L Arnold Sr v Department of Health & Human Services 

Clifton Pierce v Department of Health & Human Services 

Dennis Lee McNeill \ Department of Human Resources 

BvronO Ashb\ II v Department of Human Resources 

Hubert L Morrisons Department of Human Resources 

Robert Alan Davis v Department of Human Resources 

Larrv S Robinson v Child Support Enforcement Agency 

Darn I C Thompson v Department of Health & Human Services 

Darn I C Thompsons Department of Health & Human Senices 

Michael . I Burgess \ Department of Human Resources 

Michael Anthony Hill v Department of Human Resources 

Joseph L Hill v Department of Human Resources 

Michael A Wilder v Department of Human Resources 

Billy Anthons Jr v Department of Human Resources 

James B Benson \ Department of Human Resources 

Lawrence Wilkes \ Department of Human Resources 

Alton D Bagley v Department of Human Resources 

Bemel B Berry Jr v Department of Human Resources 

Darr>l Simpkins v Department of Health & Human Senices 

Anthon\ Montgomery \ Department of Human Resources 

Temace Joan Ness \ Department of Human Resources 

Joseph Gerard McPhillips \ Department of Human Resources 

Tern Letterman v Department of Human Resources 

William E Mines v Department of Huinan Resources 

Christopher Alan v Department of Human Resources 

Annette Chipman v Depanment of Huinan Resources 

Paul J Moble\ . Jr \ Department of Human Resources 

AlvinCj Piper \ Department of Health & Human Senices 

Robert A Sherer \ Department of Human Resources 

Rodney A Morrison \ Department of Human Resources 

Gregory Andre Brown v Department of Health & Human Senices 

Rodger Hazen II v Department of Human Resources 

Marion Amett \ Department of Human Resources 

Wade A Burgess v Department of Human Resources 

Robert L Robinson \ Department of Human Resources 

Jamie A Hum \ Depanment of Health & Human Senices 

Renardo Jenkins v Department of Human Resources 

Anthon;> Love v Department of Human Resources 

Eric Baldwin \ Depanment of Health & Human Senices 

Steven Kent Gold \ Department of Human Resources 

Leroy J Poole \ Depanment of Human Resources 

Hoyal A McLean v Department of Health & Human Senices 

Michael Bernard Hill v Department of Health & Human Senices 

Terry M Cable v Department of Human Resources 

Charlie RatlitTJr v Department of Health & Human Senices 

Donald W Lee v Department of Health & Human Senices 

Bobh\ D Cook V Department of Health & Human Senices 

John B Hall \ Department of Human Resources 

Derrick A Brinton v Department of Human Resources 

Tabalha D Pate v Depanment of Human Resources 

Amanda F Blount v Department of Human Resources 

Gregon Carty (IV #1564206) v Department of Human Resources 

Oregon Carty (IV #1564166) \ Department of Human Resources 

John I. Bullard v Department of Human Resources 

Frank A Cotton \ Depanment of Human Resources 

Charlie Gray HuntJr v Depanment of Human Resources 

Willie R Cruse v Department of Health & Human Senices 

Thomas H Lotze. Jr v Department of Health & Human Senices 

Robert L Williams \ Depanment of Human Resources 

Patrick Bass \ Depanment of Health & Human Senices 

Tawanna Wheeler \ Depanment of Health & Human Senices 

Timothy Rinne\ v Department of Health & Human Senices 

Teresa L Galloway \ Depanment of Health & Human Services 

Michael A Looper \ Department of Health & Human Senices 

Kenneth E Strickland v. Department of Health & Human Senices 



CASE 




DATE OF 


PIBLISHED DECISION 


MMBER 


AI.I 


DECISION 


REGISTER CITATION 


97 CRA 0045 


Phipps 


10/09/98 




97CRA0187 


Smith 


12/15/98 




97 CRA 1232 


Chess 


11/06/98 




97 CRA 1524 


Mann 


10/09/98 




98CRA0137 


Becton 


06/23/98 




98 CRA 0545 


Reilly 


06/08/98 




98 CRA 0588 


Reilly 


06/24/98 




98 CRA 0787 


Gray 


09/17/98 




98 CRA 1117 


Smith 


12/18/98 




98 CRA 1152 


Mann 


10/28/98 




98 CRA 1430 


Smith 


01/11/99 




96 CSE 1 305 


Gra> 


06/22/98 




96CSE 1435 


Mann 


07/15/98 




96 CSE 1649 


Reilly 


08/12/98 




96 CSE 1 780*' 


Phipps 


08/20/98 




96 CSE 1848 


Gray 


11/05/98 




96 CSE 1854*" 


Chess 


09/01/98 




96 CSE 1902*" 


Chess 


09/01/98 




96 CSE 1989 


Mann 


12/10/98 




96 CSE 2028 


Mann 


08/26/98 




97 CSE 0624 


Chess 


1 1 /06/98 




97 CSE 1301 


Chess 


07/17/98 




97 CSE 1393 


Reilly 


06/24/98 




97 CSE 1399 


Gray 


12/14/98 




97 CSE 1419 


Gra\ 


11/17/98 




97 CSE 1424 


Chess 


06/02/98 




97 CSE 1435 


Smith 


06/12/98 




97 CSE 1436 


Chess 


08/11/98 




97 CSE 1442 


Phipps 


06/17/98 




97 CSE 1450 


Momson 


1 2/09/98 




97 CSE 1467 


Mann 


10/09/98 




97 CSE 1492 


Smith 


06/22/98 




97 CSE 1527 


Mann 


09/08/98 




97 CSE 1544 


Chess 


10/16/98 




97 CSE 1545 


Phipps 


07/23/98 




97 CSE 1 568 


Phipps 


06/17/98 




97 CSE 1599 


Phipps 


11/10/98 




97 CSE 1605 


Mann 


07/15/98 




97 CSE 1611 


Gray 


10/23/98 




97 CSE 1656 


Gray 


08/27/98 




97 CSE 1666 


Chess 


07/17/98 




97 CSE 1685 


Mann 


12/10/98 




98 CSE 0071 


Morrison 


06/12/98 




98 CSE 0130 


Reilly 


07/15/98 




98 CSE 0307 


Momson 


07/06/98 




98 CSE 0310 


Smith 


06/23/98 




98 CSE 0312 


Phipps 


06/23/98 




98 CSE 0319 


Phipps 


12/15/98 




98 CSE 0333 


Momson 


07/01/98 




98 CSE 0375 


Reilly 


07/02/98 




98 CSE 0420 


Smith 


07/29/98 




98 CSE 0421 


Becton 


07/15/98 




98 CSE 0433 


Phipps 


1 2/09/98 




98 CSE 0449 


Mann 


07/15/98 




98 CSE 0469 


Grav 


11/09/98 




98 CSE 0483 


Reilly 


10/06/98 




98 CSE 0506 


Chess 


07/20/98 




98 CSE 0555 


Smith 


08/07/98 




98 CSE 0556 


Becton 


06/23/98 




98 CSE 0560 


Chess 


07/29/98 




98 CSE 0561*'' 


Phipps 


09/23/98 




98 CSE 0562*'-' 


Phipps 


09/23/98 




98 CSE 0569 


Mortison 


08/06/98 




98 CSE 0578 


Grav 


10/08/98 




98 CSE 0607 


Smith 


06/22/98 




98 CSE 0653 


Mann 


08/26/98 




98 CSE 0658 


Phipps 


08/31/98 




98 CSE 0682 


Smith 


06/22/98 




98 CSE 0689 


Owens 


09/18/98 




98 CSE 0691 


Owens 


1 0/09/98 




98 CSE 0728 


Smith 


09/17/98 




98 CSE 0769 


Becton 


07/30/98 




98 CSE 0783 


Chess 


09/08/98 




98 CSE 081 7 


Mann 


09/08/98 





13:16 



NORTH CAROLINA REGISTER 



Fehruan 15, 1999 



1360 



CONTESTED CASE DECISIONS 



AGENCY 

Ho\l H Bunt Jr v Departmenl of Health & Human Sen ices 

Vernon Reginald Pinkney v Department of Health & Human Services 

Elijah G Deans V Department of Health & Human Services 

James Howard Alexander v Department of Health & Human Services 

Lee J Coggins V Department of Human Resources 

Mark J Houlbrook v Department of Health & Human Services 

Henrv A Harriel, Jr v Department of Health & Human Services 

Amanda F Haviland Blount v Department of Health & Human Services 

Deniira Jeffries v Department of Health & Human Services 

Brvan L Barksdale v Department of Health & Human Services 

Cleatus Dean Cuthhertson v Department of Human Resources 

Cleatus Dean Cuthhertson v Department of Human Resources 

Karen Mitchell \ Department of Human Resources 

Robert S Willett v Department of Health & Human Services 

Judi Devlin v Department of Health & Human Services 

Issac L Huey v Department of Health & Human Services 

Curtis T Brown v Department of Health & Human Services 

Rafael L Garcia v Department of Human Resources 

David Chisolm v Department of Human Resources 

Bill G Seamans V Scotland Cty Child Sup Enf -Scotland County DSS 

Michael JetTerson \ Department of Health & Human Services 

Cleveland Terry v Department of Human Resources 

Tony Mitchell Guion \ Department of Health & Human Services 

Curtis M Threatt \ Department of Health & Human Services 

Terti L Dedie V Department of Human Resources 

Joseph R Engelbrecht V Department of Health & Human Services 

Antonio M Townsend v Department of Health & Human Services 

Sammv Ray Smith v Department of Health & Human Services 

ManinC Upchurch v Department of Human Resources 

William R Cameron V Department of Human Resources 

Dennis M McDonald v Department of Human Resources 

Ronnie F Davis v Department of Health & Human Services 

Eugene B Patton III v Department of Human Resources 

Gerald Pendergrass \ Department of Human Resources 

Hany C Rone Jr v Department of Human Resources 

Cesar A Hernandez v Department of Health & Human Services 

Ronald E Davis Jr v Department of Human Resources 

Douglas Sanders \ Department of Human Resources 

Travis Lamont Stevenson v Department of Human Resources 

Bobby L Mills v Department of Human Resources 

Albertus Shau v Department of Health & Human Services 

Charles Anthony Jacobs v Department of Human Resources 

Patricia Chambers v Department of Human Resources 

Vickie E Lane \ Michael L Adams. Department of Human Resources 

Caria P Robinson v Department of Human Resources 

Rachel D Farmer v Department of Health & Human Services 

Janice Scott Padgett (Fisher) v Department of Human Resources 

Barbara Fanta-Blandine v Department of Human Resources 

Sharon Briin v Department of Health & Human Services 

Karen White v Department of Human Resources 

Sherry L Hampton v Department of Human Resources 

Terita M Sharpe v Department of Human Resources 

Shensse Stancel KelK v Department of Human Resources 

Melanie D Nickerson v Department of Health & JJuman Services 

Ruth McFadden v Department of Human Resources 

Division of Women '\ anil Children 's Health 

Khamis A Sirhan v DHHS. Women's/Children's Health. Nutrition Svcs 
Joseph A Nawas V DHHS, Women's/Children's Health, Nutrition Svcs 
Mohamad I Rahman v DHHS, Womens/Childrens HIth, Nutr Svcs Sect 
Evelsn Powell v Nutrition Services Section 

HUMAN RELATIONS COMMISSION 

NC Human Relations Comm E\ Rel Clarice Dial v Dixie Lee Newsome. 
Jetti Lee. Jackie Lee and Ervvin Judd 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


98CSE08I8 


Mortison 


09/15/98 




98 CSE 0833 


Owens 


07/29/98 




98 CSE 0867 


Phipps 


07/20/98 




98 CSE 0869 


Reilly 


08/06/98 




98 CSE 0894 


Smith 


08/20/98 




98 CSE 0949 


Smith 


09/08/98 




98 CSE 0975 


Chess 


09/01/98 




98 CSE 0985 


Mann 


11/18/98 




98 CSE 1036 


Mortison 


09/15/98 




98 CSE 1052 


Mortison 


1 0/09/98 




98 CSE 1072*'" 


Phipps 


01/21/99 




98 CSE 1073*'* 


Phipps 


01/21/99 




98 CSE 1095 


Reillv 


10/06/98 




98 CSE 11 53 


Chess 


11/19/98 




98 CSE 1177 


Gray 


1 2/29/98 




98 CSE 1301 


Owens 


12/11/98 




98CSEI3I1 


Phipps 


01/22/99 




98 CSE 1353 


Reilly 


01/22/99 




98 CSE 1 369 


Smith 


01/22/99 




98 CSE 1391 


Phipps 


12/09/98 




98 CSE 1408 


Chess 


01/19/99 




98 CSE 1424 


Phipps 


01/14/99 




98 CSE 1434 


Chess 


1 2/28/98 




98 CSE 1447 


Phipps 


12/18/98 




98 CSE 1458 


Smith 


01/19/99 




98 CSE 1472 


Owens 


01/05/99 




98 CSE 1473 


Phipps 


01/14/99 




98 CSE 1474 


Reilly 


12/18/98 




98 CSE 1508 


Mann 


01/26/99 




98 CSE 1512 


Gra\ 


01/25/99 




98 CSE 1513 


Mortison 


01/26/99 




98 CSE 1523 


Owens 


1 2/29/98 




98 CSE 1 548 


Smith 


01/26/99 




98 CSE 1570 


Gray 


01/22/99 




98 CSE 1576 


Smith 


01/25/99 




98 CSE 1580 


Mann 


01/13/99 




98 CSE 1589 


Reilly 


01/26/99 




98 CSE 1606 


Mann 


01/26/99 




98 CSE 1609 


Phipps 


01/28/99 




98 CSE 1663 


Mann 


01/20/99 




98 CSE 1701 


Morrison 


01/05/99 




98 CSE 1714 


Phipps 


01/19/99 




96 DCS 1944 


Mann 


01/26/99 




96 DCS 2105 


Gray 


07/08/98 




97 DCS 0124 


Reilly 


11/10/98 




97 DCS 0251 


Phipps 


08/31/98 




97 DCS 1219 


Smith 


07/29/98 




97 DCS 1486 


Morrison 


06/22/98 




97 DCS 1574 


Gray 


08/04/98 




98 DCS 0053 


Chess 


12/14/98 




98 DCS 0257 


Mortison 


12/01/98 




98 DCS 0468 


Mortison 


06/09/98 




98 DCS 0508 


Mann 


12/16/98 




98 DCS 0593 


Gra\ 


01/19/99 




98 DCS 0675 


Reilly 


07/15/98 




98DHR0219 


Reilly 


08/11/98 




98 DHR 0637 


Phipps 


07/02/98 




98 DHR 0923 


Chess 


11/06/98 




98 DHR 1135 


Smith 


11/13/98 




98HRC 1063 


Smith 


01/21/99 


13 16 NCR 1.368 



JUSTICE 

James Todd Tippet v NC Companv Police Program 

Alarm Systems Licensing Board 

Claude David Huggins v Alarm Systems Licensing Board 
Jay Michael RatclitTv Alarm Systems Licensing Board 
Robert Derek Ross v Alarm Svstems Licensing Board 
Barrv D Lvman v Alarm Svstems Licensing Board 



97DOJ 1368 


Phipps 


09/10/98 


98DOJ087I 


Mortison 


07/09/98 


98 DOJ 1 345 


Owens 


11/19/98 


98 DOJ 1 494 


Mortison 


12/10/98 


98 DOJ 1 496 


Smith 


12/16/98 



1361 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



CONTESTED CASE DECISIONS 



AGENCY 

Auctioneer Licensing Board 

Wile\ R Tyndall v Auctioneer Licensing Board 
Gavin Haviv Abadi \ Auctioneer Licensing Board 

Education and Training Standards Division 

Thomas Dwayne BrowTi v SheritTs' Education & Training Standards Comm 
Kenneth Joseph Jackson \ SherifTs' Education & Training Standards Comm 
Odis Fitzgerald Darden v SheritTs' Education & Training Standards Comm 
Hon le Kenneth Wise. Jr v SheritTs' Education & Training Standards Comm 
Kenneth Earl Brantles v Criminal Justice Ed & Training Stds Comm 
Hearl Oxendine V Criminal Justice Education & Training Stds Comm 
James Farrell Roberts v Criminal Justice Education & Jraming Stds Comm 
Phillip Keith McPherson v Sheriffs' Education & Training Standards Comm 
Dar\ 1 LaMar Bnant \ SheritTs' Education & Iraining Standards Comm 
Harold F Esters \ SheritTs' Education & Training Standards Comm 
William Scott Key v SheritTs' Education & Training Standards Comm 
Cecil W Duke. Jr v Criminal Justice Education & Training Stds Comm 
Marvin Shemel Clark v Department of Correction 
and 
Marvin S Clark v Criminal Justice Ed & Training Stds Comm 
Amado Martinez \ Criminal Justice Education & Training Stds Comm 
Johnny Wayne Wills v Criminal Justice Education & Training Stds Comm 
James E Ellerbe v SheritTs' Education & Training Standards Comm 
Paul Har\e\ Taslor v DOJ. Criminal Justice Ed & Training Stds Comm 
Kenneth Joseph Jackson v Sheriffs' Education & Training Standards Comm 
Kelly Suzanne Mayberr> v SheritTs' Education & Training Stds Comm 
Sharon Day Herring v SheritTs' Education & Training Stds Comm 
Roben Ryan Hardison v Sheriffs' Education & Training Standards Comm 
Tracey Jerome Clark v SheritTs' Education & Training Standards Comm 
Berrs Bernard Baker v Criminal Justice Ed & Training Standards Comm 
Evelyn D Brown v SheritTs' Education & Training Stds Comm 
Kevin Lamar Dorsey v SheritTs' Education & Training Standards Comm 
Willoughh) McCormick. Jr v SheritTs' Ed & Training Standards Comm 
Herman Lee Colvin V SheritTs' Ed & Training Standards Comm 
Ronald Hosea Hodge \ Criminal Justice Ed & Training Standards Comm 
Melvin Garfield Smith v Criminal Justice Ed & Training Stds Comm 
Paul Har\e\ Taslor v Criminal Justice Ed & Training Stds Comm 
Phillip K McPherson v Sheriffs' Education & Training Standards Comm 
Frankie Arlene Fisher v SheritTs' Ed & Training Standards Comm 
Tame L Reid v Criminal Justice Ed & Training Stds Comm 

Private Protective Services Board 

Wayne Care\ v Private Protective Services Board 
Claims Verification. Inc v Private Protective Sen ices Board 
Walter R Shirer v Private Protective Serv ices Board 
Stacey L Williams v Private Protective Sen ices Board 
Eugene Norman Garrett v Private Protective Sen ices Board 
G Russell Smith \ Private Protective Senices Board 
Da\idC Brisson \ Private Protective Senices Board 
Danny Charles Garrett v Private Protective Sen ices Board 
DavidC Truesdale V Private Protective Senices Board 
Dennis Ray Hyatt v Private Protective Senices Board 
Alfred D Malson \ Private Protective Senices Board 
Rodney Hamilton Marsh v Private Protective Senices Board 
Melvin Eugene Davis v Private Protective Senices Board 
Glen Leon Fitchette v Priv ate Protective Sen ices Board 
Anm Itvvaru v Private Protective Senices Board 

LABOR 

llildreth Mechanical & Maintenance v Labor/Labor Standards 
Labor World, Eric Feinstein v Labor. Harn E Payne. Jr 

BOARD OF MEDICAL EX.4MI\ERS 

Joe D Crawford. M D v Medical Bd of NC Bd of Medical Examiners 

PLBLICINSTRLCTION 

Linda & Danny Howard for Nikki Howard v Lenoir Cry Bd of Ed 
George & Ruth Sinclair for Adam Sinclair v Wake Counrv Schools 

(Special Education Senices) 
Nicholas Eirschele. Bv and Throught His Parents. Charles & Kathleen 

Eirschelev Craven County Board of Education 
Devvitt Brinson & Elizabeth Brinson v Craven Counrv Board of Education 
Gene Edward Lloyd v Department of Public Instruction 
Joseph Hughey Bamnger V Dr Michael Ward. Dept of Public Instruction 



CASE 




DATE OF 


PI BLISHED DECISION 


INIMBER 


\U 


DECISION 


REGISTER CITATION 


97 DOJ 1236 


Phipps 


07/24/98 




98 DOJ 1060 


Smith 


10/21/98 




97 DOJ 1319 


Phipps 


07/29/98 




97 DOJ 1578** 


Grav 


08/20/98 




97 DOJ 1698 


Reilly 


06/12/98 




98 DOJ 0022 


Smith 


07/14/98 




98 DOJ 0046 


Grav 


11/04/98 


13 11 NCR 935 


98 DOJ 0121 


Smith 


06/22/98 




98 DOJ 0147 


Smith 


07/16/98 




98 DOJ 0388 


Reilly 


07/24/98 




98 DOJ 0430 


Gray 


07/21/98 




98 DOJ 0431 


Gray 


08/21/98 




98 DOJ 0432 


Becton 


06/08/98 




98 DOJ 0479 


Chess 


10/07/98 




98 DOJ 0491*'" 


Phipps 


01/08/99 




98 DOJ 0526 


Morrison 


09/09/98 




98 DOJ 0574 


Chess 


07/30/98 




98 DOJ 0600 


Morrison 


08/07/98 




98 DOJ 0841 


Phipps 


09/16/98 




98 DOJ 0847*" 


Grav 


08/20/98 




98 DOJ 0875 


Chess 


11/13/98 




98 DOJ 0877 


Mann 


12/30/98 




98 DOJ 0878 


Phipps 


09/08/98 




98 DOJ 0879 


Owens 


08/31/98 




98 DOJ 0907 


Mann 


01/15/99 




98 DOJ 0922 


Mann 


12/22/98 




98 DOJ 0930 


Phipps 


09/22/98 




98 DOJ 1007 


Reillv 


10/13/98 




98 DOJ 1008 


Smith 


01/07/99 




98 DOJ 1058 


Smith 


01/08/99 




98 DOJ 1059 


Grav 


01/04/99 




98 DOJ 1125 


Phipps 


12/30/98 




98 DOJ 1 360 


Gray 


01/28/99 




98 DOJ 1421 


Chess 


01/06/99 




98 DOJ 1623 


Chess 


01/13/99 




98 DOJ 0619 


Owens 


11/19/98 




98 DOJ 0848 


Smith 


08/04/98 




98 DOJ 0937 


Morrison 


09/17/98 




98 DOJ 0938 


Morrison 


08/18/98 




98 DOJ 0939 


Morrison 


08/18/98 




98 DOJ 0940 


Owens 


11/19/98 




98 DOJ 0941 


Owens 


11/19/98 




98 DOJ 1081 


Morrison 


09/17/98 




98 DOJ 1082 


Morrison 


12/10/98 




98 DOJ 1 1 39 


Owens 


11/19/98 




98 DOJ 1141 


Morrison 


09/29/98 




98 DOJ 1142 


Owens 


1 1 /04/98 




98 DOJ 1145 


Morrison 


09/22/98 




98 DOJ 1 307 


Owens 


11/03/98 




98 DOJ 1493 


Morrison 


12/10/98 




98 DOE 0903 


Mann 


11/04/98 




98 DOE 1256 


Gray 


11/05/98 




98BME0870 


Owens 


07/30/98 




97EDC 1047 


Gray 


1 0/30/98 




97EDC 1233 


Phipps 


08/11/98 




97 EDC 1 234 


Phipps 


07/16/98 




97 EDC 1 298 


Phipps 


1 0/26/98 




98 EDC OIK) 


Reillv 


09/10/98 




98 EDC 0127 


Mann 


01/14/99 





13:16 



NORTH CAROLINA REGISTER 



Eebruan' 15, J 999 



1362 



CONTESTED CASE DECISIONS 



AGENCY 

Mrs Phvllis Y Moore v Cumberland Count\ Schools 
Laney Bruce Hamll v State Board of Education 

L K on behalf of her son. J H . as well as on her own behalf v St Bd /Ed 
Joseph J Sarrerro V Departmenl of Public Instruction 
M E and her husband. PE . individually, and on behalf of their son, C E 
V Bd of Ed for Buncombe Cty a/k/a Buncombe Cty Public Schools, et al 



CASE 




DATE OF 


NIMBER 


ALJ 


DECISION 


98 EDC 0305 


Grav 


08/05/98 


98 EDC 0350 


Smith 


09/17/98 


98 EDC 0370 


Smith 


10/14/98 


98 EDC 0459 


Owens 


08/10/98 


98 EDC 0566 


Gray 


10/01/98 



PUBLISHED DECISION 
REGISTER CITATION 



STATE BAR 

Linda R Sharp v North Carolina State Bar 



98 BAR 1344 



Morrison 



11/09/98 



STATE PERSONNEL 



Departmenl ofAdminislralion 

David Grigsby v NC Commission of Indian Affairs 

Community Colleges 

Dr William R Strickland v NC Community College System 

Department of Correction 

Annie D Dizon v NC Correctional (Inst ) Center for Women 

Terry T Rees v Department of Correction 

Mohammad H Baloch, M D v Department of Correction 

Leon Owens v Department of Correction 

Terry T Rees v Department of Correction 

Michael A Smith v Department of Correction 

Michael A Smith v Departmenl of Correction 

Jayne D Bledsoe v Correction, Div of Adult Probation & Parole 

David Spencer Noms v Correction, Div of Adult Probation & Parole 

Carl W Craven, II v Pender Correctional Institution 

ErMn Shaw v Martin Homer. Asst Super . Corr . Sandy Ridge Corr Ctr 

Joseph Szilagy 1 v Department of Correction 

Dennis S Harrell v Dept of Correction, Caledonia Correctional Institute 

Tommy L Hancock v Department of Correction 

Tommy L Hancock v Department of Correction 

Benha Darden v Raymond Smith & Dept of Correction, Central Prison 

Robert C Lowder v Brown Creek Correctional Institution 

Ruth Moseley v Department of Correction 

Lamont M Burt v Department of Correction 

Mark Murphv \ Correction, Div of Adult Probation & Parole 

Leo Pov\ell v Harnett Correctional Institute, Department of Correction 

Amos Boone v Department of Correction 

Nona W Hubbard \ DOC, Division of Community Corrections 

Roben R Stovall v Department of Correction 

Harold keith Hamm V Dept of Correction Enterprise/Personnel Off 

Joseph A Harrell v Correction, Div of Adult Probation & Parole 

Deborah GritTin v Warren Correctional Institution, Mr Smiley 

Crime Control and Public Safety 

Roger D Davis v Crime Control & Public Safety, St Hwv Patrol 
Albert R Little v Crime Control & Public Safety. Info Sys Specialists 
Thomas E Carlton v Crime Control & Public Safety, St Hwy Patrol 

Eastern North Carolina School for the Deaf 

Cathy A Lancaster v Eastern North Carolina School for the Deaf 

Employment Security Commission 

Jane B Bolin and Arlene G Sellers \ Employment Security Commission 
Jane B Bolin and Arlene G Sellers v Employment Security Commission 

Environment and Natural Resources 

Charles Anthony Bruce v ENR, Division of Parks and Recreation 

Health and Human Services 

Annette Honea \ Department of Human Resources 

Angela M Miles v Cumberland County Department of Social Sen ices 

Shung Fung-Chin \ Department of Human Resources. Caswell Center 

Walker Cannon \ DHR/Caswell Center 

Charity Swick v Cumberland County Department of Social Services 

Yolandra Best and Roy Hudson v DHHS, John Umstead Hospital 

Yolandra Best and Roy Hudson v DHHS. John LImstead Hospital 



98 OSP 0428 


Morrison 


12/14/98 


98OSPI305 


Gray 


12/07/98 


97 OSP 0166 


Mann 


11/06/98 


97 OSP 1 67 1*-" 


Smith 


06/30/98 


98 OSP 00 14 


Gray 


09/01/98 


98 OSP 0050 


Becton 


07/10/98 


98 OSP 01 19'' 


Smith 


06/30/98 


98 OSP 0231*" 


Reillv 


08/11/98 


98 OSP 031 7''' 


Reilly 


08/11/98 


98 OSP 0543 


Owens 


07/29/98 


98 OSP 0572 


Gray 


12/18/98 


98 OSP 0633 


Smith 


06/25/98 


98 OSP 0671 


Phipps 


10/09/98 


98 OSP 0757 


Owens 


10/05/98 


98 OSP 0846 


Morrison 


09/08/98 


98 OSP 0881 


Owens 


08/04/98 


98 OSP 0882 


Owens 


1 0/09/98 


98 OSP 0905 


Smith 


09/25/98 


98 OSP 0984 


Owens 


12/02/98 


98 OSP 1092 


Gray 


10/07/98 


98 OSP 1 1 1 5 


Smith 


10/06/98 


98 OSP 11 55 


Mann 


12/21/98 


98 OSP 11 75 


Owens 


11/25/98 


98 OSP 1188 


Smith 


12/15/98 


98 OSP 1214 


Owens 


10/27/98 


98 OSP 1282 


Phipps 


10/26/98 


98 OSP 1409 


Gray 


12/16/98 


98 OSP 1411 


Gray 


12/11/98 


98 OSP 1583 


Chess 


01/07/99 


97 OSP 061 7 


Chess 


05/27/98 


97 OSP 11 57 


Morrison 


07/22/98 


98 OSP 0919 


Phipps 


09/24/98 


98 OSP 0482 


Gray 


11/30/98 


97 OSP 1122'' 


Chess 


06/02/98 


97 OSP 1134*' 


Chess 


06/02/98 


98 OSP 0240 


Reilly 


06/08/98 


96 OSP 0833 


Chess 


08/24/98 


97 OSP 061 3*' 


Gray 


07/10/98 


97 OSP 0638*'" 


Chess 


08/13/98 


97 OSP 0731 


Phipps 


11/30/98 


97 OSP 0775 


Gray 


07/10/98 


97 OSP 0862*" 


Chess 


08/13/98 


97 OSP 0863*" 


Chess 


08/13/98 



Consolidated Cases. 



1363 



NORTH CAROLINA REGISTER 



February 15, 1999 



13:16 



CONTESTED CASE DECISIONS 



AGENCY 

Kenneth Dippel v Columbus Counu Dept ot Social Sen. ices 

Fred Foster. Jr v Department ol Health and Human Services 

Shung Fung-Chin v Department olHuman Resources. Caswell Center 

Ruth Holroyd v Montgomen. Ct\ DSS. Children's Services 

Tilda D Whitaker v Nash Count> Health Department Board of Directors 

Fred Foster, Jr v Department ot Health and Human Services 

James W Crews v DHHS. Murdoch Center 

Patricia R Quick v DHHS. Dorothea Di\ Hospital 

Angela M Miles v Cumberland Counts Department of Social Services 

Delores Laveme Rich \ Health & Human Services, Dorothea Dix Hosp 

Elwin C Munson v Health & Human Services. Juvenile Evaluation Center 

Fred Foster. Jr v Department of Health and Human Services 

Jackie M Sinclair v Duplin-Sampson Area Mental Health DD, SAS 

David A Kilpatrick v Health & Human Sen ices, Caswell Center 

Fred Foster, Jr v Department of Health and Human Services 

Laura Blanton \ Cleveland Center 

Anthonv M Ruiz v Department of Health & Human Svcs, Youth Svcs 

Rudolph Waters v DHHS, Youth Services, Dobbs School 

Euwell Falconer v Karen A Andrews, Gaston-Lincoln Area Mental Health 

Jeftrev L Williams v Dorothea Di\ Hospital 

Delores Laverne Rich v DHHS, Dorothea Dix Hospital 

Barbara Jean Paquette v Durham Countv (respondeat superior for the 

Durham Countv Public Library) 
Linda Paige v Center Point Human Sen ices Fors>1h Mental Health 

Forsvth Industrial Systems 
Stanley K Strong v Jimmy Summemlle, Dobbs School, Youth Svcs 
Derrick Skinner \ Health & Human Sen ices. Cherry Hospital 
Paul L Long v Department of Health & Human Sen ices 

Department of Insurance 

Patricia Casey Rollins v Department of Insurance 

Department of Justice 

Linda Margaret Koss \ State Bureau of Investigation 
Man in Shemel Clark v Department of Correction 
and 
Man in S Clark v Criminal Justice Ed & Tramine Stds Comm 



(ASF 




DATE OF 


PI BEISHED DECISION 


MMBER 


AU 


DECISION 


REGISTER CITATION 


97 OSP 0905 


Gray 


11/09/98 




97 0SP I287*'- 


Smith 


08/20/98 




97 OSP I.530*'" 


Chess 


08/13/98 




97 OSP 1 586 


Smith 


05/27/98 


13 02 NCR 257 


97 OSP 1665 


Gray 


12/02/98 




97 OSP 1701*'- 


Smith 


08/20/98 




98 OSP 0060 


Grav 


07/20/98 




98 OSP 0061 


Becton 


07/16/98 




98 OSP 0084*' 


Gray 


07/10/98 




98 OSP 0120 


Gray 


07/08/98 




98 OSP 0140 


Phipps 


1 0/28/98 




98OSP0I87*'- 


Smith 


08/20/98 




98 OSP 0252 


Smith 


12/31/98 




98 OSP 0271 


Owens 


08/13/98 




98OSP0403*'- 


Smith 


08/20/98 




98 OSP 0453 


Smith 


1 0/02/98 




98 OSP 0454 


Gray 


06/04/98 




98 OSP 0474 


Morrison 


07/30/98 




98 OSP 0538 


Reilly 


08/06/98 




98 OSP 0595 


Becton 


07/22/98 




98 OSP 0763 


Gray 


12/02/98 




98 OSP 0765 


Morrison 


08/05/98 




98 OSP 0819 


Smith 


11/05/98 




98 OSP 1017 


Gray 


12/07/98 




98 OSP 1035 


Gray 


09/21/98 




98 OSP 1202 


Owens 


12/16/98 




95 OSP 0729 


Chess 


12/14/98 




97 OSP 0189 


Chess 


08/14/98 




98 OSP 0300*'" 


Phipps 


01/08/99 





Department of Public Instruction 

Lillie Bumette Pearsall v Wayne Cty Bd of Ed, Mrs Veda McNair and 
Mr Steve Tav lor 



98 OSP 0944 



Smith 



08/25/98 



Secretary' of State 

Jonathan M Demers v Department of Secretary of State 

Department of Transportation 

Pasquale Vendettuoli v Department of Transportation 

Johnny O Shivarv Department of Transportation 

leresa G Mitchell v Department of Transportation 

Larry W Davis \ Department of Transponation 

Sherry LynnNolesv Department of Transportation-NCDMV 

Clarice Goodwin Arthur v Department of Transportation, Femes Division 

University ofNortli Carolina 

Joseph A Bryant v North Carolina A & T University 

Joseph .A Bryant V North Carolina .A & T University 

Douglas Love, Jr v LINC Hospitals 

Deborah J Fenner v NC Central University 

Joyce M Smith v North Carolina Central University 

Edwin Swam v University of North Carolina at Chapel Hill 

Patricia A G Roberts v Asst /Chan IC)i\ Mgmt /Dir Human Res UNCW 

Leo Watford, Roosevelt Parris, Claiborne Baker, et al v L^niversity of 

North Carolina at Chapel Hill 
Johnny Johnson, Jr \ A & T St University Student Union-Grievance Bd 
Jessie L Johnson v Bernard K Locklear, LINC at Pembroke 
Jonathan L Fann v North Carolina State Liniversity Physical Plant 
Greta M Hawthorne v Liniversity of NC at Pembroke 
Robert W Brinson v NC State University 
Alberta A Ingram-Peterson v NC Central University 
Thomas H Hastye, Ml \ NC A & T State University 
Fred T Jackson v UNC-Charlotte Recreational Facilities 
Bett> Parks v Winston Salem State Liniversity 
Ronnie Bell v Dave Hillard, UNC at Charlotte 
Brenda D Moore v Attv Wanda Jenkins Favetteville St Universitx 



97 OSP 1018 


Becton 


97 OSP 1090 


Mortison 


97 OSP 1366 


Reillv 


97 OSP 1565 


Smith 


98 OSP 0241 


Grav 


98 OSP 0269 


Chess 


98 OSP 0864 


Phipps 


96 0SP1698*'" 


Mann 


97 OSP 0242*'" 


Mann 


97 OSP 0662 


Reillv 


97 OSP 0902 


Chess 


97 OSP 1297 


Smith 


97 OSP 1694 


Morrison 


98 OSP 01 78 


Phipps 


98 OSP 0254 


Chess 


98 OSP 0299 


Owens 


98 OSP 0444 


Grav 


98 OSP 0465 


Becton 


98 OSP 0831 


Chess 


98 OSP 0887 


Owens 


98 OSP 1024 


Smith 


98 0SP11I4 


Reillv 


98 OSP 1216 


Smith 


98 OSP 1278 


Chess 


98 OSP 1330 


Smith 


98 OSP 1506 


Smith 



07/07/98 



12/19/98 
09/01/98 
1 2/09/98 
07/08/98 
08/11/98 
09/24/98 



1 2/02/98 
12/02/98 
06/08/98 
05/29/98 
06/25/98 
07/31/98 
10/08/98 
07/17/98 

09/02/98 
09/29/98 
07/17/98 
09/11/98 
08/10/98 
10/14/98 
12,''30/98 
IO/22'98 
11/25/98 
11/10/98 
01/25/99 



1 3 03 NCR 343 



13:16 



NORTH CAROLINA REGISTER 



Eehruan' 15, 1999 



1364 



CONTESTED CASE DECISIONS 



AGENCY 



Joseph Carroll Goodlake v UNCA 



STATE TREASl RER 

Hugh A Wells v Consolidated Judicial Retirement System of'NC, 

Bd of Trustees Teachers and State Employees' Retirement System 
Walter Williams v Bd ofTrustees NC Local Gov Emp Retirement Sys. 



CASE 




NUMBER 


AU 


98 0SP 1535 


Phipps 


98 DST 03 1 6 


Morrison 


98 DST 0774 


Smith 



TRANSPORTATION 

David Warren Dew et al 



Motor Vehicles. Alexander Killens Comm 



INIVERSIT^ OF NORTH CAROLINA 

Patricia D Hall \ University ofNorth Carolina at Chapel Hill 
Ladonna P James v UNC Hospitals 
Joyceline Sellars v UNC Hospitals 



95 DOT 11 44 Grav 



98 UNC 0397 Reilly 
98 UNC 0591 Beclon 

98 UNC 1113 Smith 



DATE OF 


PI BLISHED DECISION 


DECISION 


REGISTER CITATION 


01/07/99 




06/05/98 


13,01 NCR 166 


12/08/98 




06/04/98 




08/20/98 




07/20/98 




10/22/98 





I 



I 



1365 



NORTH CAROLINA REGISTER 



February IS, 1999 



13:16 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COl NTV OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIS E HEARINGS 

98DHR0979 



WILLIAM M.BELL, JR., 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF HEALTH AND 
HI MAN SERMCES, DIV ISION OF MEDICAL 
ASSISTANCE, THIRD PARTS RECOV ERS SECTION, 

Respondent. 



RECOMMENDED DECISION 



The above entitled matter was heard before Julian Mann. Ill, Chief Administrative Law Judge, on November 16, 1998, in 
Raleigh, North Carolina. 

APPEARANCES 

Petitioner: Julie L. Bell. Attorney at Law- 

Respondent: Grady L. Balentine, Jr., Assistant Attorney General 

ISSUE 

Whether the Respondent properly denied Petitioner's request to waive the Respondent's estate recovery claim against the 
estate of Harriette L. Bell pursuant to 10 NCAC 50D .0501 by calculating the value of the estate before deducting costs of 
administering the estate. 

STIPULATED FACTS 

Pursuant to G.S. 1 50B-3 1 the parties stipulated to the following: 

1 . The parties received notices of hearing by certified mail more than 1 5 days prior to the hearing and stipulated that notice of 
hearing was in all respects proper. 

2. Harriette L. Bell received Medicaid to help pay for the cost of her care in a nursing home in the an amount in excess of 
$13,000.00 



Harriette L. Bell died on December 13, 1997. 

William M. Bell, Jr., the son of Harriette L. Bell, was appointed Administrator of the estate by the Clerk of Court. 

At the filing of the 90 Day Inventory the value in the estate was believed to be $6,151.59. 

As of Mav 6. 1 998, the value in the estate was believed to be $4.96 1.91. 



7. The differing values for the estate can he attributed to several factors including: ascertainment of the correct value of a 
television set, the exclusion of a joint account with rights of survivorship, and pa\ment of costs of administering the estate including 
advertisement fees, estate fees and attorney's fees. 

8. The Petitioner requested a waiver under Administrative Rule 10 NCAC 50D .0501. 

9. The Respondent denied the Petitioner's request for a waiver. 



13:16 



NORTH CAROLINA REGISTER 



Februan- 15, 1999 



1366 



CONTESTED CASE DECISIONS 



OFFICIAL NOTICE 

Pursuant to G.S. 1 5OB-30 the undersigned took official notice of the following: 

1 . G.S. 1 08A-70.5. which provides, in pertinent part: 

"(a) There is established in the Department of Health and Human Services, the Medicaid Estate Recovery Plan. ..to recover 
from the estates of recipients of medical assistance an equitable amount of the State and federal shares of the cost paid the recipient." 

"(b)(2) 'Estate' means all the real and personal property considered assets of the estate available for the discharge of debt 
pursuant to G.S. 28A- 15-1." 

"(d) The Department of Health and Human Services shall adopt rules pursuant to Chapter 150B of the General Statutes to 
implement the Plan, including rules to waive whole or partial recovery when this recovery would be inequitable because it would work 
an undue hardship or because it would not be administratively cost effective and rules to ensure that all recipients are notified that 
their estates are subject to recovery at the time they become eligible to receive medical assistance." 

2. 10 NC AC 50D .050 1 . which provides that: 

"Recovery shall be deemed to not be cost effective and shall be waived when: 

(1) The amount of Medicaid payments for services and benefits subject to recovery is less than three thousand dollars 
($3,000), or 

(2) The assets in the estate are below five thousand dollars ($5,000)." 

3. G.S. 28A-15-1. which provides, in pertinent part: 

"(a) All of the real and personal property, both legal and equitable, of a decedent shall be assets available for the discharge 
of debts and other claims against his estate in the absence of a statute expressly excluding any such property." 

4. G.S. 28A- 1 9-6. which provides, in pertinent part: 

"After payment of costs and expenses of administration, the claims against the estate of a decedent must be paid in the 
following order: . . ." 

5. AOC-B0021 Estate Procedures Pamphlet, Rev. 10/95, which restates the order of priority of claims contained in G.S. 28A- 
19-6. 

FINDINGS OF FACT 

1 . The value of the estate of Harriette L. Bell, prior to deducting the costs of administration exceeded $5,000.00. 

2. The Respondent denied the Petitioner's request to waive its estate recovery claim because the value of the estate exceeded 
$5,000.00. 

CONCLUSIONS OF LAW 

Based upon the foregoing findings of fact, the undersigned makes the following conclusions of law: 

1 . The parties are properly before the Office of Administrative Hearings. 

2. All real and personal propert\'. both legal and equitable, of Harriette L. Bell's estate are assets .i^ ailablo I'or the clisch.irge 
of debts and other claims against her estate, and, as such, make up the value of her estate for purposes of the Medicaid Estate 
Recovery Plan. 

3. In directing that claims against an estate be paid after payments of costs and expenses of administration. G.S. 28A-I9-6 is 
merely establishing an order of payment of claims; this statute does not define the assets that make up the value of an estate. 



1367 NORTH CAROLINA REGISTER February' 15, 1999 13:16 



CONTESTED CASE DECISIONS 



4. The value of assets in Harriette L. Bell's estate, for purposes of the waiver provisions in 10 NCAC SOD .0501(2), is 
calculated prior to deducting the costs of administration. 

5. Based on the foregoing, the Respondent did not act arbitrarily or capriciousK in denying Petitioner's request for a waiver 
of the Respondent's estate recovery claim. 

6. Based on the foregoing, the Respondent followed proper procedure in denying Petitioner's request for a waiver of the 
Respondent's estate recovery claim. 

7. Based on the foregoing, there is substantial evidence to support Respondent's decision to deny Petitioner's request for a 
waiver of the Respondent's estate recovery claim. 

RECOIVIMENDED DECISION 

The Respondent's Decision to deny the Petitioner's request to waive the Respondent's estate recovery claim against the estate 
of Harriet L. Bell should be affirmed. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings. P. O. Drawer 
27447, Raleigh. N. C. 2761 1-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions 
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 1 50B- 
36(a). 

The agency is required by G.S. 1 50B-36(b) to serve a copy of the final decision on all patties and to furnish a copy to the 
parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the North Carolina Department of Health and Human 
Services, Division of Medical Assistance. 

This the 13"' day of January, 1999. 



Julian Mann. Ill 

Chief Administrative Law Judge 



13:16 NORTH CAROLINA REGISTER Februan 15, 1999 1368 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COl NTV OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

98 HRC 1063 



I 



NORTH CAROLINA HUMAN RELATIONS 
COMMISSION EX REL CLARICE DIAL 
Petitioner, 



DIXIE LEE NEWSOME, JETTI LEE, 
JACKIE LEE AND ERWTN Jl DD 

Respondents. 




This matter came on for hearing before Administrative Law Judge Dolores O. Smith on December 14. 1998 in Raleigh, North 



Carolina. 

APPEARANCES 

For Petitioner; Sandra Wallace-Smith 

Attome> at Law 

N.C. Human Relations Commission 
2 1 7 West Jones Street 
Raleigh, North Carolina 27603 
Appeared for Petitioner 

For Respondent: Henry C. Fordham, Jr. 

Stam, Fordham & Danchi, P.A. 
PO. Box 1600 
Apex, North Carolina 27502 
Attorney for Dixie Lee Newsome. 
Jetti Lee. Jackie Lee 

Erwin Judd. Respondent 
Appeared pro se 

ISSUE 

1. Did the Respondent engage in unlawful discriminatory housing practices in violation of the North Carolina State Fair 
Housing Act? 

2. If so, was the Petitioner harmed as a result? 

STATUTE AND RULE IN ISSUE 

N.C. Gen. Stat. 4 1 A-4(a)( 1 )(2)(6) 

Upon careful consideration of the testimony and evidence presented at the hearing, the documents and exhibits received into 
evidence, and the entire record in this proceeding, the undersigned makes the following: 

FINDINGS OF FACT 

1. Hazel and Jetti Lee owned a parcel of land of approximately 15 acres in New Hill. North Carolina. 

2. Some years ago Mr. Hazel Lee decided that he would subdivide the parcel into five sections with one section being kept for 
himself and his wife Jetti. and the other four sections being given to each of his four daughters; Dixie. Jackie. Marilyn, and Mathilda. 

3. Hazel Lee arranged for septic tanks and wells to be placed on each of the four new parcels. 



1369 



NORTH CAROLINA REGISTER 



Februan 15, 1999 



13:16 



CONTESTED CASE DECISIONS 



4. Some years later, three of the lots were not being occupied by his daughters. Instead, each had one mobile home which was 
rented out to family members or friends. 

5. Prior to his death, Mr. Lee had handled all transactions for the properties as well as maintenance on the land and mobile 
homes. 

6. When Mr. Lee passed away in the early 90s, his daughter Jackie began to handle the business transactions on behalf of the 
family. 

7. Jackie Lee testified that after her father died, she and her mother lived in the original home on one of the parcels of land. 
Jackie subsequently moved to what is known as Tract 4 which is adjacent to her mother's original home. 

8. Clarice Dial, a native American, lives on the parcel of land owned by Dixie Lee Newsome. She had lived there for eight 
years at which time she determined that she could afford to buy a house. 

9. Ms. Dial owned the mobile home on which she had a mortgage and she paid rent for the property. 

10. Ms. Dial had originally moved onto that property because her brother had worked with Hazel Lee and was a friend of his. 

1 1 . Ms. Dial began to speak with a realtor, Wanda Bums-Ramsey, about the possibility of buying a home. Ms. Ramsey 
recommended that Ms. Dial speak with a mortgage lender to see if she could qualify' for a loan. Ms. Dial did that and she was pre- 
approved provided that she sell the mobile home so that she did not have that debt. 

12. Ms. DiaLs cost for the loan application was $300. 

13. Ms. Ramsey informed Ms. Dial that it had been her experience that in the sale of mobile homes it was critically important 
that the mobile home be allowed to stay on the parcel of land on which it was located at the time of the sale. Mobile homes can be 
moved to new locations but the cost could be $2,500 or more. Since buyers of mobile homes are shopping for property within a 
somewhat modest price range, this additional expense frequently caused the sale to fail. 

14. Ms. Dial spoke to Jackie Lee and asked her if the mobile home could stay on the parcel of land after it had been sold. Ms. 
Dial told Ms. Lee her brother was thinking of buying the mobile home. 

15. Jackie said that if the home was sold to Ms. Dial's brother it could probably stay. 

16. Ms. Dial also told Jackie that her sister-in-law's sister was also thinking of buying the home and Jackie said that she would 
work with Ms. Dial on that problem. 

17. Ms. Dial improperly and incorrectly assured Ms. Ramsey that the mobile home could stay on the property. 

18. Jackie Lee testified that Clarice Dial told her that she was thinking of selling her trailer to her brother or sister-in-law's sister. 
Ms. Dial asked about leaving the trailer and Jackie Lee replied, "We'll be glad to talk to them." Jackie Lee testified that she never 
told Clarice Dial that she could leave the mobile home on the property. Jackie Lee testified that Clarice's parcel in fact was owned 
by Dixie Lee Newsome and Jackie could not give permission in any event. However, she testified it would be a family decision and 
would not have been her sole decision. 

19. Ervin Judd has lived in the area and has helped out on the Lee Farm since his childhood. After Hazel Lee died, Mr. Judd 
began to assist Mrs. Lee and her daughters in various chores and in the maintenance of the property. 

20. When Ervin Judd teamed that Clarice Dial was planning to sell her mobile home, he expressed an interest in buying it. He 
spoke with Ms. Dial who said that she wanted to clear $12,000 on the sale of her home. Mr. Judd was interested but did not make 
an offer. 

21. Subsequently, Ms. Dial contacted another real estate agent. Dale Rimmer. of Southern Comfort Homes, who sells mobile 
homes. He. too, was concerned that the home should be able to stay on the parcel of land. 

22. Ms. Dial incorrectly and improperly assured Mr. Rimmer that that would be all right. 



13:16 NORTH CAROLINA REGISTER February 15, 1999 1370 



CONTESTED CASE DECISIONS 



23. After Ms. Dial contracted with Mr Rimmer to sell the home, he added his profit to Ms. Dial's base price of $12,000. 

24. Mr. Rimmer learned that Er\'in Judd was interested in the mobile home and he contacted Mr Judd. When Mr. Judd learned 
that the price would be higher than he had earlier thought, he was no longer interested in purchasing the mobile home. 

25. Even though Ms. Dial said she was sure that the mobile home could stay on the property, Mr. Rimmer decided to check on 
that since it had frequently been a problem. He called Jackie Lee. Mr. Rimmer testified that Jackie said, "Check with Ervin Judd. 
He handles it." 

26. Jackie Lee testified that she did not tell Mr. Rimmer that Ervin Judd "handles it." She further testified that she never asked 
Ervin Judd to manage her property and Mr. Judd had no rental authority whatsoever. 

27. Jackie Lee testified that she told Mr. Rimmer that Ervin was interested in buying the mobile home. 

28. Mr. Rimmer testified that Jackie Lee didn't tell him that Mr. Judd was interested in buying the home but that he learned that 
later from Mr. Judd. 

29. Mr. Rimmer testified that Mr. Judd said that he "handles the park." 

30. Ervin Judd testified that he spoke with Dale Rimmer at least two to three times but did not represent to Mr. Rimmer that he 
was the manager of the property. 

3 1 . Mr. Rimmer subsequently met with Ervin Judd and Mr. Judd told Mr. Rimmer that the mobile home could stay on the land 
"if they were good people." Mr. Rimmer understood that to mean if they had good credit, good references, and were otherwise 
desirable tenants. 

32. Mr. Rimmer then showed the home to a family by the name of Martinez. Mr Martinez is Hispanic and speaks with an 
accent. Mrs. Martinez is white. The family has two children. 

33. The Martinez Family were financially secure. They qualified for a mortgage and were able to pay cash for a down payment. 
They saw Clarice Dial's mobile home and wanted to buy it. 

34. In the mean time, Ms. Dial and Ms. Ramsey had found a house for Ms. Dial. It was a new construction and had three 
bedrooms, and two baths. The home was in a development where a government program was assisting low income home buyers and 
Ms. Dial found that she would he able to afford to buy one of these brand new houses if she could accomplish the sale of her mobile 
home. Ms. Dial and Ms. Ramsey completed an Offer to Purchase and Contract on the new home contingent on the sale of the mobile 
home. 

35. Mr. Judd subsequently spoke with Ms. Dial and represented to her that he was now managing the properties for the Lee 
Family. 

36. Ms. Dial told him that Jackie Lee said that the mobile home could stay on the property after the sale. 

37. Mr Judd asked Ms. Dial if she had that agreement in writing. Ms. Dial said that she did not and had not had anything in 
writing during her transactions with the Lee Family. 

38. Ms. Dial asked Mr Judd if he had gotten his contract to manage their properties in writing and he said that he did. 

39. Ms. Dial believed that Ervin Judd was the manager of the Lee properties because Ervin Judd had worked for the Lee famiK 
and had in fact on one occasion rented out one of the trailers to another person. 

40. Jetti Lee testified that she has lived in New Hill, North Carolina for 55 years. She testified that Mr Judd is not in charge 
of Clarice's home and is certainly not the "park" manager. 

41 . Subsequently, Mr Rimmer called Mr. Judd and told him that the Martinez Family wanted to purchase the mobile home. 

42. Mr. Rimmer testified that Mr. Judd would not make a decision and Mr. Rimmer became frustrated that he would not be able 
to close the deal. 



1371 NORTH CAROLINA REGISTER February 15, 1999 13:16 



CONTESTED CASE DECISIONS 



43. Mr. Rimmer then called Mr. Judd again and asked him if he would meet with the Martinez family at the mobile home and 
then make a decision. Mr. Judd agreed to do that. 

44. Mr. Judd testified, but it is not found as fact, that Mr. Rimmer called him and said that he was in a bind and needed Mr. Judd 
to help him. Mr. Judd testified, hut it is not found as fact, that Mr. Rimmer said he had sold the trailer to some people but wanted 
to get out of the deal so he asked Mr. Judd to meet with them and get him "off the hook." Mr. Judd testified that he agreed to do that. 

45. After the meeting, Mr. Judd told Ms. Dial that he had met the Martinez Family and the> could not "stay there." He said, 
"If you sell it, you have to move it." 

46. Mr. Rimmer then called Mr. Judd and Mr. Judd said he preferred to put his own people in there. 

47. Mr. Judd testified that he never said he would like to rent to his own people. However, he did have family members who 
were looking for some place to live. 

48. Ms. Ramsey testified that she called Jackie Lee when she learned that there might be a problem with leaving the mobile home 
on the parcel of land and Jackie Lee told her to contact Mr. Judd. 

49. Ms. Ramsey's husband, Calvin Ramsey, who is her supervisory real estate agent, learned that the sale to the Martinez Family 
was not going well. He understood that Mr. Judd was the manager of the property so he called Mr. Judd and said, "Lefs sit down 
and talk." Mr. Judd became upset and said that he was the manager and he would make the decisions. 

50. During that conversation Mr. Judd told Mr. Ramsey that he was not interested in renting to the Martinez Family. He said 
he would rent to his own kind. Mr. Ramsey asked him what he meant but Mr. Judd would not explain. Mr. Judd then hung up the 
phone. 

5 1 . Mr. Judd testified that he never said he would like to rent to his "own kind." 

52. It is found as fact that Mr. Judd told Mr. Rimmer and Mr. Ramsey that he would rather rent to his own kind. 

53. Mr. Ramsey called Ms. Jetti Lee but when he did he learned that she was an elderly woman and was not involved in the 
business management of the property. 

54. Mr. Ramsey then called Jackie Lee at work. Jackie Lee is a school teacher and it is very difficult for her to get calls at work. 
She had received a number of phone calls about the problem, and she was irate to receive an additional phone call at work while she 
was teaching. 

55. Mr. Ramsey testified that Ms. Lee said Mr. Judd made decisions and he was their manager. 

56. Jackie Lee testified that Wanda Ramsey called her and was very upset about the deal falling through. Ms. Ramsey didn't 
say anything about the race of the people who were interested or that people were in fact interested in purchasing. Ms. Ramsey told 
Jackie Lee that she was going to recommend to Clarice Dial that she take legal action against the Lee Family for the deal falling 
through. 

57. Subsequently, Jackie asked Clarice Dial if she was really considering legal action and Clarice Dial said that she was. 

58. The Lee sisters did not know what type of action Clarice Dial was considering, but they had become frustrated with the phone 
calls and all the activity involving the sale of Clarice's trailer. Once they understood that Clarice was thinking of taking legal action 
they decided that the\ must ask her to leave the property. 

59. In October of 1996, after church on Sunday, Jackie, Dixie, and Marilyn Lee went to Clarice's mobile home. They told her 
that they felt it would be better if she relocated her trailer elsewhere and they would give her until February to move away. They also 
told Clarice at that meeting that the rent would be raised. Jackie Lee testified that while her father had done most of the maintenance 
and repairs, since he died they had to pay for every repair that was done and felt it was reasonable to raise the rent to cover their costs. 

60. Prior to the meeting with the Lee Sisters. Mr, Judd had come to Clarice Dial and told her that her rent was about to be raised. 

6 1 . Mr. Judd testified that he never told Clarice that her rent would be raised. 



13:16 NORTH CAROLINA REGISTER Februan' 15, 1999 1372 



CONTESTED CASE DECISIONS 



62. Ervin Judd had briefly handled the rental of one of the Lee mobile homes as part of a payment arrangement for repairs. 

63. Ms. Jetti Lee's brother. Porter Morrison, had lived in a mobile home on the property owned by Marilyn Lee. The trailer in 
which Mr. Morrison lived was owned by Ms. Jetti Lee. 

64. In 1996, Mr. Morrison became ill and moved to a nursing home. 

65. During the time Mr. Morrison lived there, because of Mr. Morrison's advanced age, the trailer had not been maintained. 

66. After Mr. Morrison went to the nursing home, Ms. Jetti Lee contracted with Ervin Judd to make all necessary repairs on the 
mobile home. It was their estimate that the cost of the project would be approximately $2,000. 

67. Mr. Judd made the necessary repairs on the home and found that there were more repairs than he had anticipated. The cost 
of the repairs was more than $4,000. 

68. When Mr Judd reported to Ms. Lee the cost of the repairs, she stated that she did not have that much extra cash on hand. 
They then made an agreement that Ms. Lee would pay Mr Judd the original amount and Mr Judd would arrange for the mobile home 
to be rented out during which period of time he would collect the rent until he had received enough money to pay him for the repairs 
he had made. 

69. Subsequently, Mr Judd rented the mobile to Dorothy Farrar Mr Judd knew Ms. Farrar's family from the area. 

70. Mr Judd collected the rent for a number of months but an occasion came when Mr Judd did not come to pick up the rent 
because Mr Judd had received enough money to pay himself back for the work he had done on the home. Ms. Farrar however did 
not know of that arrangement and she did not understand why Mr Judd didn't pick up the rent. Ms. Farrar went to Ms. Jetti Lee's 
home to give her the rent. 

71. On one occasion when Mr Judd had come to collect the rent from Ms. Farrar they had a conversation. Mr Judd, who had 
several properties of his own which he also rented out, told Ms. Farrar that he would never rent to a Mexican because they have too 
many people in the house and they do damage to the property. 

72. Mr Judd testified that he never told Dorothy Farrar that he would not rent to Mexicans and had never said anything similar 
to that. 

73. It is found as fact that Mr Judd told Ms. Farrar that he would not rent to Mexicans. 

74. Jackie Lee testified that her family is African-American, Native American, and Caucasian. She testified that there is a great 
deal of diversity and that some of her relatives have married Hispanic people as well as people of Asian ancestry. 

75. The Lee family has rented one of the properties to Marcelena Hernandez and her family since 1988. The Hernandez family 
is Hispanic. 

76. Ms. Jetti Lee testified that she had no knowledge of any one being interested in purchasing Clarice Dial's home. 

77. Jackie Lee testified that she did not know any one had seen Clarice's trailer and was interested in buying it. 

78. Dixie Lee Newsome testified that she had no knowledge of the people who saw Clarice's home and didn't know that they 
existed until she got the letter from the Human Relations Commission. 

79. Marilyn Lee Girardeau testified that she did not know that a couple had seen Clarice's mobile home and that the Lee familv 
had no idea that the legal action would involve any matters of discrimination until they received a letter from the North Carolina 
Human Relations Commission on April 2, 1997. 

80. Ms. Girardeau also testified that Ervin Judd never had authority to make decisions for the family. 

81. Clarice Dial has not moved off the Lee family's property and the Lee family has taken no further action against her 

82. N.C. Gen. Stat. 4 1 A-4(a)( 1 ) provides as follows: 



1373 NORTH CAROLINA REGISTER February' 15, 1999 13:16 



CONTESTED CASE DECISIONS 



It is unlawful di scrim inaton, housing practice for an\ person in a real estate transaction, because 
of race, color, religion, sex, national origin, handicapping condition, or familial status to refuse 
to engage in a real estate transaction. 

83. N.C. Gen. Stat. 41 A-3 defines "person" as: 

... any individual, association, corporation, political subdivision, partnership, labor union, legal 
representative, mutual company, joint stock company, trust, trustee in bankruptcv, unincorporated 
organization, or other legal or commercial entity, the State, or governmental entity or agency. 

84. N.C. Gen. Stat. 41 A-3(7) defines real estate transaction as: 

The sale, exchange, rental, or lease of real property. 

85. N.C. Gen. Stat. 41A-7(L) provides that the Commission may apply to the Office of Administrative Hearings for an 
Administrative Law Judge to preside at a hearing of the case. 

86. N.C. Gen. Stat. 41 A-7(L)(2) provides that the Parties shall be permitted to participate under l50B-40(a) of Article 3A, of 
I50B. 

87. N.C. Gen. Stat. 41 A-7(L)(3) provides that a panel of three commission members shall make the final decision and may order 
compensatory damages, assess a civil penalty not to exceed $10,000, and other such relief as may be appropriate. 

88. After observing the demeanor of the witnesses and assessing the testimony, it is determined that the Lee family witnesses 
are credible and that the Lee famiK had no knowledge of the Martinez famiK, their review of the propert\, or their offer to purchase. 

89. After considering the demeanor of the witnesses and reviewing the testimony, it is determined that the testimony of Ervin 
Judd is not credible. 

Based upon the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. Di.xie LeeNewsome, Jetti Lee, and Jackie Lee did not engage in unlawful discriminator} practice in violation of the North 
Carolina Fair House Act. 

2. Ervin Judd was not authorized by the Lee Family to act as agent for the property rented by Clarice Dial. 

3. Ervin Judd intentionally misrepresented that he was authorized to act as agent for the Lee Family. 

4. Although Mr. Judd did not have actual authority to engage in this real estate transaction, he did have apparent authority which 
a reasonable man would believe to be actual. 

5. Clarice Dial was reasonable to believe Mr. Judd when he told her he was agent for the Lee famil>. 

6. Ms. Ramsey and Mr. Rimmer were also reasonable to believe that Mr. Judd was the manager for the Lee family. 

7. The rental of the land on which Clarice Dial"s mobile home stood was a real estate transaction as defined by N.C. Gen. Stat. 
4IA-3(7). 

8. Ervin Judd is a "person" as defined by N.C. Gen. Stat. 4 1 A-3. 

9. Ervin Judd violated N.C. Gen. Stat. 41 A-4(a)(2) in that he was a person engaging in a real estate transaction in which he 
discriminated against the Martinez Family because of their national origin in refusing to allow them to rent the land on which the 
mobile home stood. 

Based upon the foregoing Conclusions of Law, the undersigned makes the follow ing: 



13:16 NORTH CAROLINA REGISTER February 15, 1999 1374 



CONTESTED CASE DECISIONS 



PROPOSAL 

1 . It is recommended that Ervin Judd be assessed a penalty in the amount of $300 to cover the cost of Ms. Dial's loan 
application. 

2. It is not recommended that Ervin Judd be assessed a penalty in an amount to cover the raise in Ms. Dial's rent. 

3. It is recommended that Ervin Judd be assessed a civil penalty in the amount of $1,000. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. Drawer 
27447, Raleigh, NC 276 11 -7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions 
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B- 
36(a). 

The agency is required by G.S. 1 50B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the 
parties' attorneys of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case in the North Carolina Human Relations Commission. 

This the 2 1 day of January, 1999. 



Dolores O. Smith 
Administrative Law Judge 



1375 NORTH CAROLINA REGISTER Februarv 15, 1999 13:16 



- I 

•J P 



Q. 



I- 
x; 

5 


> 
£ 

< 


t! 5: 


Text differs 

from 

proposal 


3 

OS 

of 




c 
.0 

< 




© 

.Is 




E S 


ll 



Z OB 



!;S 


e 






irp 








Oi^ 


c 




c «-j 


w 


'Vj 






io^ 




■■J 








0- " 


c 


I/: 




Br 5 




= .= 


a 




^:> 


n 


a. 


?o 












_4; _^ 


Orf 


E 









a a 


a: 


s 



^ 4* 




u 


= ^ 




u 








•- 




m 


•^ ^ 






« 




s 






n 


_ e 







E > 



^ 


>-< 


^ 


■0 




^ 




t: 


c 



E 









!f: 






« 






■n 


F 




C 


c 








3 




<9 


^ 












c 


Orf 




n 



























■0 






u 




a> 







u 


^ 


u 


<u 



< < < < 



<u 


y. 




c 


X 




*< 


F 


















a£ 


_2 


j= 


c 


b 


u 


X 


X 


f 






u 











p 


u 


ci; 


■3 












c 


« 




^ 


X 


<v 


3 




■0 


3 
II 




s 


^ 




c 





^ 




(/^ 


u 






c 






■0 


0^ 




u 


B 


u 


3 


e 


3 


■a 

c 


O* 


E 

u 


■0 


n 


s 






c 




^ 


W 





(m< 




^ 




C 


;« 





^ 


C 


« 


■a 


i 


3 


>. 



rj rs rsi rj fN rs rsi 



r-) r-j r^ r^ 



a: 



ai a: cxL cii 

^ L; Lj O 

2 Z Z 2 

oc oc oc oc 



^ 
^ 








-T 






Tt 

^ 





q: 


a: 


Qi 


X 


a; 


a: 


q: 


:>:: 


a: 



z 


z 


z 


z 


z 



z 


z 



Z 




z 



.!£ as 



it 

^ c 

£ E 

-i 

^ "a 
= 3S 
^11 



ll 



Q 
OS 
< 

o 

oa 



'" ^ Q. 



1^ 



u 



^ JS 



H J= 






< 



a. 
z 



— — S .i — 



— ' 
z 



z z 



z z 



rj '-'-,17-, e — 

■^ ^ ^ =0 



- - < 

^ 3 as 

^ J I 

O O Z 

^ ^ i 

r-j ri Q 



»r, 


</". 


ly. 


<y-, 


ir, 


w, 


ir, 


IT, 


ir, 


ir. 


'^, 


y. 


1/-, 


^ 


"y-. 


»r. 


U-. 


ly. 


ir, 


f^J 


(*4 


1^1 


rj 


rj 


rj 


*~] 


ri 


rj 


rj 


rj 


r J 


<~J 




— 


— 


' — 


— 


— 


















:;_^ 


;_y 








>2 











w* 


<^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


^ 


< 


< 


< 


< 


< 














^ 


^ 







^ 


W 







W 





■0 


^ 


Z 


Z 


Z 


Z 


z 


Z 


Z 


Z 


Z 


z 


z 


Z 


Z 


C 

.2 


Z 


Z 


Z 


Z 


Z 



3 



D. 
< 



go 



t _ 

& « 

% B o 

•o p O. 

« ^ 1- 



z ^ 



S -3 



i 



cc oo oc oo 



C^ CL. C 



OL 


o: 


OL 


ci 


a: 


2 


z 


•-J 

Z 


Z 


z 


oc 


00 

o 


o 


oo 

o 


oo 

o 


:2 


Z: 


^ 


f^ 


r^, 





(N 




(N 


r^ 


r~ 


I^ 


[^ 




^ 




nD 


rs| 


i~j 


r-j 


(^4 


VO 


r ; 


^£: 


Qi 


sC 


sC 


^C' 


^C' 


a: 


a; 


ai 


a: 


Qi 


OC 


'o 


z 


^ 


Z 


^j 


u 


O 


o 


Z 


X 


Z 


z 


z 


z 


or 


oc 


00 


sc 


oc 


00 


CO 


oo 


o 


^^ 


o 


■ — ' 


o 


o 


o 


o 


Z: 


__' 


:;' 


r^ 


^ 


r*", 


— 


-- 






r-i o r.) O (N 
"J-, — tj', — w, — ly. 



rs| O 

I/-, — 

O '-_/ — ' '^ w' "^ '^ '>-/ '-^ —J 

zzzzzzzzzz 

v, "-^ ly. r^, ir. <-<-. ir. r^, "/-. i-n 

o — o — o — o — o — 

r*-j r^, r*-, r*; r*-, p*-, r*; r*-, r^i r^ 



O 



^ •C -C 



^ 


Si 


ai 


a; 


a: 


as 


ai 


a: 


a: 


z 


Z 


Z 


--J 
Z 


Z 


Z 


z 


Z 


Z 


rvi 


rj 


rj 


O 


o 


o 


r>] 

o 


rsj 

o 


O 


^ 


— 


^ 


_ 


r*^ 


r--i 


r*1 


(^ 


r*^ 



z 



.2 P 






&',> 



r^ n ri rsi (^j CNl J' 






< 



< 



z z 



2 Z 



u 

s 
n 


o 
o 


o 
o 


o 


1 


1 


fN 


rj 


o 


e 


< 

IT. 


< 


< 

o 


o 


o 


ca 
o 


ir 

O 


2C 




^ 


< 


< 


< 


< 


'■J 
< 


< 


< 




z 


z 


Z 


Z 


z 


z 


Z 


z 



I 





o~ 




o^ 


X 


o^ 




o^' 


z 


d 


MM 




u 


n 


> 




H 


J= 


< 




U 


Q 


3 


-C 


^ 


-a 


=1 


o 


U 


■a 



3 

■o 



ei. 



So 



£ _ 

^ e o 

■O © Q. 



CO — 



E S 

i § 



< 



On O^ O^ O^ O^ O^ O^ O^ O^ O" 



(^ 



Z Z 



^ 


^ 


\o 


^o 


^ 


-^ 


^ 


sJD 


^ 


sC 


^ 


•c 


^ 


^ 


■-c 


^c 


o 


\rj 


^C 


^C 


2ii 


ai 


ai 


Qi 


ai 


a: 


a; 


Di 


ai 


ai 


ai 


ai 


ai 


ai 


ai 


ai 


C^ 


a: 


ai 


:^ 




Z 


Z 


Z 


Z 


z 


z 


z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


z 


Z 


Z 


oc 

c 


o 


CO 

o 


o 


oc 


oc 


oc 


oc 


oc 


oc 


oc 

o 


oc 


oc 


oc 


oc 


oc 


oc 


oc 


oc 


oc 


r', 


<^ 


rn 


r*-i 


r--, 


1-^, 


r*-, 


"-, 


r--. 


rr-, 


--*-. 


M-, 


r*-, 


r*-, 


■-^i 


r^. 


r*-, 


r*-, 


r^, 


r^, 



a: 
Z 



(J 
Z 



Z 



a: a: 
z z 



a:: 

o 
z 



z 









ir. ^ — 



o o o 



o — — — 



CCCD ^^^^22 CC C2 C2C2C2CCC2 CC CCn CC 



o o o o 



o 


u 


o 


o 


o 


CJ 


o 


o 


o 


< 


< 


< 


< 


< 


< 


< 


< 


< 


o 


o 


o 


o 


o 


o 


o 


o 


^ 



< 



z z 



< 


< 


< 


< 


< 


z 


z 


z 


z 


z 



o 
< 



< 





Ov 




O 


X 


ON 


u 


. 


Q 




Z 




NW 






H 


X) 


*> 


u 


N« 


u. 


1- 


.c 


< 


ou 


^ 


o 






to^ 


j= 


S 


-a 


;= 




u 


-o 




Cl 




D 







. 




JC 




O 


<y 


3 


Of 


■O 




> 


O 




o. 


fi. 


< 




£i i- 




> E 








^ 






•a p B. 


- i o 


u o. 


H 




«^ 








n 


^ 


a 


s 






















ae 




X 


c 




c 












c^ 




< 




S o 


ilz 




O 


M^ 


z^ 


z 




u 


n 




11 


<^ 






= at. 






« '-o 


E i:^ 


i s 


^- 


IV 




1.1 






e .t: 


S.W 


< 



c 

< 



C CL c c^ 

C- CU C_ d 

< < < < 



ai 


a: 


Qi 


a: 


~J 


^' 


o 


o 


/i 


/L 


z 


z 



ai 



a: 
z 






r^, r^, r^i 



^ 


vC 


sC 


vO 


vO 


^o 


Oi 


oi 


a: 


ac 


a: 


ai 


2 


z 


z 


Z 


o 
z 


Z 



2 



o 

z 



z 



r^, 


o 


o 


o 




o 


1 




o 


o 


o 


o 




o 


O 


o 




-c 


Et: 


ai 


a: 


a; 


a: 


a: 


ac 


^ 


a: 


a: 


a: 


a: 


ai 


ai 


ai 


a: 


a: 


a: 


z 


Z 


Z 


Z 


z 


Z 


Z 


z 


z 


2 


2 


2 


2 


2 


2 


2 


2 


2 



r^j r*-) m 



— r^, — 



O — — 






o 



CC Cd CO cc 



< 



;.; 


O 


O 


< 


< 


< 


■o 


o 


o 


2 


2 


2 



< 



< 



C£ 


cc 


E 


ffi 


C2 


m 


ca 


m 


"/"i 


«/-! 


</-! 


(/-, 


W-, 


ir, 


v-i 


»/". 


o 


o 


o 


o 


O 


o 


o 


O' 


o 


V J 


Cj 


C; 


CJ 


O 


O 


U 


< 


< 


< 


< 


< 


< 


< 


< 


o 


■^J 


o 


o 


o 


O 


'wl 


o 


2 


2 


2 


2 


2 


2 


2 


2 



m c: a 

>y-i ly-. y-^ 

o c c 
U O U 
< < < 

2 



J 



o. 
a. 
< 



is '■ 



see 

•O 15 D. 

*. i o 
b a. 



>J P 



u -s 

Cl 



to -a 



?.2 



u 
z 



u 

z 



OO 00 






O 0\ 


o 


t> 








lA, — 


0^ 


O^ 


— (N 







o < 



< < 



in 



< 

z 



a: 

z 

00 

o 



'J- 


3 












C£l 


^ 


a: 


c£: 


Di 




Z 




z 


Z 


z 


Z 




o 


oc 


oc 

o 


cc 
o 


oc 

o 


oc 


< 


r^i 


r^ 


<~n 


!I; 


r^. 


_J 


Z 



u 

z 



a: 
u 
z 



cc: oi a: ai 
U L/ O L; 

z z z z 



< 
z 



sC -C sC 



a; ai a: 



Oi 




ai 


c 
B 


^ 


w- 




^ 


^ 


^ 




/ 


^ 


-t 




Tt 


vj 


■n- 








■c 




^, 




r^, 


B 


r^, 


— 


e 


— 


— 




c 




A 






s 




E 






E 
E 
o 




o 
U 






r^ 


at 


^ 




w 




a> 


O 


</"J 


01 


r^, 


o 


t/". 


L^ 


•a 


'■^ 




O 


< 




< 


< 


-— ' 


rr 


U 




■^ 


z 


iM 


z 


^ 


Z 








X 





o c: o 



r^, 


f/1 






— 


— 


— 




— 


— 


— 


— 


— 




r^ 




Di 


o 






a; 


Qi 


CC 




d; 


Ci 


a: 


:e: 


o: 




o: 




^ 






^ 


■^ 


o 




O 


O 


O 


o 


■u 




u 




z 






z 


z 


z 




Z 


z 


Z 


z 


Z 




z 




•i- 


rr 






Tt 


r''. 


f 




•^ 


■^ 


•T 


-T 


-r 




o^ 






< 


< 
Z 




























r^, 




r', 


r^, 


r^ 




r^, 


r': 


r-. 


r-. 


r', 




n 


































■*■ 




























C 




L£j 
























— 




rr 


OC 


> 

< 


r) 


Ll! 
1 


:^ 




r^ 


(/5 








It 




c 


3 


< 

o 

-J 


^. 




< 






•Tf 




ir, 


rr. 


W-, 


ir, 


ir, 


a. 


< 


< 


z; 


— ' 


< 


< 


< 


< 


< 


< 


< 


< 


K 

u 


< 


< 
cc 

Q. 

CL 


z 


U 


^ 


o 


O 


F 


o 


u 


O 


O 


w- 


Z 






z 


z 


z 


3 
C 

c 


z 


z 


z 


Z 


Z 

rj 


3 


z 




< 




< 








^^ 












.A 




< 





o- 




o 


X 


o- 


b> 


• 




£ 


** 


=1 


U 


X) 


> 


Ll. 


h- 


-n 


< 


iJj 


u 


Q 






^ 


1 — 


?: 


-a 


3 


i; 


U 


-o 




CL 




Zi 



a. 
a. 
-< 






SCO 
•O 9 D. 



E l; 



¥.2 



z z z 

-c ^c ^ 



z 



a: 
z 



a: 
z 



z z 



z z 



z z 






a: 
z 



(-*~, r*-t r*-, 



5 






oc oc oc oe 



a; 



OC OC OC OC OC OC 00 



s 

5 



30 OC CC OC 



coo 



o c c 



£ g S 



o o c 



o o 



< c < < 



a: 
Z 



a: 
z 



o o 
z z 



C2: 
'—J 
z 



o ^ 
z z 



Z 



Z 



ai Qi ai a: a: 

^ O O ^ O 

z z z z z 

fN rs rNj (^1 rj 

(N (N r-j nj r-i 

rj (N r^ r-i f'J 



3i ai a: ar 



a: a: 
z z 



a; ai a: 
O O ^ 
z z z 



O '-_/ L/ O '^ o 

z z z z z z 



O O' o o o o o o o 



o 
a 

o 

pa 

of 

Of 






r^ 


r^ 


r- 


f~- 


r^ 


ce: 


aC 


:!:: 


^ 


^t: 


z 


Z 


Z 


Z 


z 


oc 


oc 


oc 


3C 


3C 


rN 


r-i 


r-i 


r J 


rj 



rj (N (^ r^ 



< < < 



COO 



< < 



<<<<<<< 



< < < 



< < < 



< < 



< < < < 



o _ 






i 



< < 



< 



< < 
z z 



^ ~ ~ 

_3 



z z 






•a 



js t 



£ • - 



E E S 















= ^ 



< 



z z 



a- 



c- a. c- 



^ ^ ;/; 



r^ [^ t^ ^ 

5 S 5 U 

r~J (^t rj ^ 

a: Di ;:i H 



^ so ^ 



2i ai ar ~; 



:i: ~: Ei 



1 



z z z z 



2: 2 < 
i~- i^ c 

CO 
ai a; " 

z z < 

OC 3C ^ 



- K 



— hi 
Z 






u 

H 
Z 

< s s s 

^ ^^ r-j ("1 

Z a: ai o: 



o 



z z z z 



z z 






I I I i ^ 

-, ^ -, -, f- 

= = = ° u 



< < 






"'a.<<<<:^:^r=:_-. -. -, -. 

^ ~ ^ ',_^ ^ '_/ L/ '^ ^ wJ O '-^ ^ '.^ '— / ^ L/ 






< < < 






Z H z z z 

_ OS - - - 

rM y f^-l f-j rN 



Z Z 

r-l rj 



z z 



z z 



3 






5 E S 

u a. 



u • 

^^ 

^£ 

- I 

a. 



o <^ 
Z 






Ov Ov Qv 



rj f-j rj 



rj — n rq 



1» 1> lU 

^ > > > 

o c c o 



< < < < 



< < 



— , O- Cl 

Xi a. cl 
O < < 



< < < < 



00 



9; 


s 


s 


s 


s 


s 


s 


s 




S 


s 


s 


s 


s 


s 


S 


s 


OS 


DC 


oi 


Qi 


OS 


a: 


a: 


Qi 


a: 


ci 


Qi 


a: 


c^ 


a: 


Qi 


ct 


Qi 


z 


z 


2 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


z 


z 


z 


Z 


Z 


oc 


oc 


oc 

o 


oc 
o 


oc 

o 


OO 

o 


00 

o 


oc 
o 


oc 

o 


00 

c 


oc 

o 


oc 
c 


CC 


oc 


oc 


oc 
o 


00 



Di 


a: 


Di 


c^: 


U 


o 


o 


o 


z 


z 


z 


z 



oc OO OO OO oc 00 



r^i rn r*^ 



a: 



rj rj r-j 



•c -^ <^ 



Z Z Z 



a: 
o 
z 



a: 


Qi 


a: 


>J 


o 


^ 


z 


z 


z 



«^J r^] r-^ 

:^ D:: Dii 

^ o o 

z z z 



^ ^ ^ ^ 



IV", 


■v", 


■V-, 


lA. 


'/•, 


ir, 


O 

z 


Z 


z 


z 


a: 

U 

z 


2i 

z 


S 


g 


o 


g 


o 


3^. 






2 2 2 2 



z z z 



2 2 2 2 



z z 



o 


o 


u 


o 


C; 


u 




o 


< 


< 


< 


< 


< 


< 


< 


< 


o 


■^J 


o 


o 


■o 


o 


o 




z 


z 


z 


z 


z 


z 


z 


z 



< 


< 


< 


^ 


o 


•~J 


z 


z 


z 



z z z 

oc oc oc 

o o o 



Z Z 



o o o o 

(N fS rN -^ 



I 



u 














1 — 1 


.^ 




^ 


— 


o 


o 


o 


c 


o 


u 


O 


o 


U 


O 


Cj 


IS 


<f 


<r 


< 


< 


< 


o 


o 


l.^ 


o 


o 


I*- 


z 


z 


z 


z 


z 


o 


^ 


^ 


-^ 


-t 


*t 


u 













z z z 





















































































1. 






aj 














































































x: 




























































































































































o 














































































^ 














































































p 














































































SS 














































































■a 














































































4» 














































































> 














































































O 














































































1. 














































































o. 














































































a. 














































































'< 














































































>. 














































































■° fe 














































































> E 














































































■S u 














































































w > 




























































































































































£ _ 














































































!= E S 








































































































































































































































u B. 














































































H 




















































































OC 




OC 




OC 




oo 




OC 




00 




00 


oo 




00 




OC 




OC 


OC 




00 




oo 




OC 




OC 




00 




00 




OC 


OC 










a- 




C^ 




0-- 




s^ 




g^ 




S^ 




o 


Cr 




g^ 




o^ 




a 


a; 




OS 




o;. 




Ov 




o 




O 




o^ 




O-' 


2^ 










^ 








~~~^ 
















-^ 


■ — . 








^ 




— - 






--^ 








^- 




^^ 




-^ 








~-~~. 








eg 




r- 




r^ 




r- 




r^ 




r^ 




r^ 




r- 


r- 




r- 




r- 




r^ 


r~- 




r^ 




r^ 




r- 




r- 




r- 




r-- 




r- 


r- 






o 




~ 




~ 




~ 




~ 




~ 




" 




:^ 


" 




~ 




~ 




~ 


~ 




~ 




^ 




" 




!^ 




t;^ 




^ 




~ 


~ 




(« 




r-J 




i^j 




r-.] 




n 




rj 




rj 




r^ 


r-J 




rj 




(N 




rj 


(N 




rj 




rq 




rsi 




r-J 




rsi 




r^ 




rj 


rj 


o^ 




s 






— 












— 




— 








— 


— 




— 




— 




— 


— 




— 




— 




— 




— 




— 




— 




— 


— 


On 




« 














































































x2 










i 

u 
















j; 




•-J 




s 


is 

'■J 




^ 




> 






















^ 
























^ 




J> 




S 




2^ 








u 




aj 




IJ 


^ 




u 




^ 




u 




u 




u 




^ 
















-a 




rs 




T3 




•a 




■a 




■o 




■o 


-o 




-o 




■o 




-§ 


■o 




-o 




-o 




T3 




■o 




TD 




TD 






















f 




f 




f 










-C 














x: 




sz 




x: 




JZ 




.c 




-C 




JZ 










e 








































































CJ 








.£ 




is 




S 




^ 




S 




S 

;>-. 










=^ 




S 








S 










S 




>^ 




s 




5 








> 


a 






-< 




CJ 




cj' 




u' 




'S 




u 




u 




tj 


'J 




'J 




o 




'-) 


o 




'J 




cj' 




'-> 








-J 




--J 




c 




IVE 

Febr 








OIJ 




CiJ 




DU 




ou 




OIj 




oil 




Oh 


CD 




CX) 




ou 




ou 


DD 




oij 




CJj 




O/J 




Oij 




CJj 




ou 




c 


^' 










< 




< 




< 




< 




< 




< 




< 


< 




< 




< 




< 


< 




< 




< 




< 




< 




< 




< 




< 


o 


1 f- ^, 




c 


1 < ^ 














































































1 -J c 














































































1 3i 














































































CUM 

dated t 


Lb ^ 




* 




* 




* 




* 




♦ 




♦ 




* 


♦ 




* 




♦ 




* 


♦ 




* 




* 




•It 




* 




« 




* 




« 


♦ 














































































D. 














































































2, 














































































^^ 




















































































fN 




r^ 




rj 




r^l 




rvi 




r-( 




r-j 


rg 




rs 




rj 




(N 


rj 




r^ 




r^j 




•N 




rN 




r-J 




r^l 




rvf 


r-\ 








</-. 




ir, 




'/■. 




yr, 




KT, 




ir, 




»/". 


»/"j 




</"i 




I/". 




ir, 


ir, 




^, 




KT, 




LTi 




ir, 




ir, 




ir, 




</-, 


U^i 




e 
Z 




^ 








sO 




■O 




■^ 




^O 




nC' 


sD 




^ 




^ 




^ 


^ 




•■n 




<^ 




sD 




^ 




^ 




O 




^O 


^ 






cc: 




C£. 




a: 




Di 




aC 




OC 




Cli 


Cii 




Cii 




c^ 




a: 


a: 




CX^ 




C3L 




:^ 




Di 




a; 




a; 




QL 


Qi 






■— ' 




O 




L/* 




O 




^ 




U 




U 


o 




Cj 




U 




o 


o 




U 




O 




O 




O 




Lj 




O 




u 


CJ 






z 




z 




z 




z 




Z 




z 




z 


z 




Z 




z 




z 


z 




Z 




z 




z 




z 




Z 




z 




z 


z 






OC 




OC 




OC 




oo 




oo 




oo 




OC 


00 




OC 




00 




00 


00 




oo 




OC 




oo 




oo 




00 




OC 




00 


oo 






^. 








o 




O' 




o 




o 




o 


o 




o 




o 




o 


o 




o 




O' 




o 




p 




o 




p 




q 


p 








- 




- 




- 




- 




- 




- 




- 


^' 




- 




- 




- 


i-n 




- 




- 




- 




- 




- 




- 




- 


rn 










T 




-T 




-r 




-^ 




-T 




-T 




-T 


-r 




-r 




-T 




-T 


-T 




-T 




-r 




-T 




-r 




-r 


-r 


-f 














f"| 




•-J 




ri 




r-J 




r) 




ri 




ri 


rj 




r\ 




i~i 




rj 


ri 




ri 




ri 




r 1 








ri 


rj 


rj 








>-. 






^ 




r J 




r\ 




rj 




rj 




n 




ri 


n 




rj 




r-l 




n 


ri 




1-1 




r~\ 




ri 




rj 




rj 


rj 


fN 














oi 




Oi 




a: 




pi 




Qi 




r^ 




a: 


2i 




f^ 




cx: 




a; 


ai 




a; 




cr: 




CC 




f^ 




a; 


a; 


ai 








2 3 






^ 




'.^^ 




'__^ 




'— ' 




L; 




'■^j 




'^ 


'-^ 




^ 




L> 




O 


'-^ 




— ' 




Lj 




L> 




O 




^ 


o 


O 








1^ 






z 




Z 




z 




Z 




Z 




Z 




z 


Z 




z 




z 




z 


Z 




z 




z 




Z 




Z 




z 


z 


z 












vr. 




i/", 




</". 




ly, 




ir. 




ly, 




w, 


IT. 




*y", 




^' 




ir, 


<r, 




ir. 




ir, 




<y, 




ly-, 




"y. 


tr, 


</-, 








H 






- 




- 




- 




- 




- 




- 




- 


- 




- 




- 




- 


- 




- 




- 




- 




- 




- 


- 


- 








^a 


c> 


c> 




o 




o^. 




o 




o- 




o^ 




a- 


ON 




o^ 




O; 




O; 


C^ 




cr 




o^ 




o- 




o- 




<> 




9 


i> 


ON 


Ov 






^ 




<. 




sC 




^ 




^ 








^C 


^ 




x; 










■c 




sC' 




^ 




-c 




•c 












^ 


sD 




W-, 


ir, 




T. 




■y, 




ir, 




«/-, 




ir, 




W-, 


>r. 




ir, 




"j^. 




ly. 


yr. 




v, 




ir. 




«y. 




I/', 




ir. 




'V-, 


1/", 


1/-. 


ir, 




11 


c^ 


:£ 




^ 




ai 




q; 




a; 




Qi 




OC 


^ 




ai 




Cii 




r^ 


a; 




^ 




Di 




£=; 




ai 




2i 




as 


ce; 


o: 


a: 






^ 


'•—> 




O 




o 




-J 




'w- 




U 




'•J 


'U 




-J 




O 




O 


'-^ 




L> 




O 




'^ 




^ 




O 




o 


o 


O 


o 




Z 


Z 




Z 




Z 




z 




z 




z 




Z 


z 




Z 




z 




z 


z 




Z 




z 




z 




Z 




z 




z 


z 


z 


z 




5i 


a 


O; 




C^ 




2: 




2: 




o- 




o^ 




a 


2 




2; 




2^ 




2; 


o- 




2: 




2: 




^ 




5 




2 




On 


OS 


ON 


2: 










O' 




































C' 












= 












o 


p 


^ 


= 














































































rJ 












r4 


r^) 






r-i 


rs 






r;j 


fN 


r*", 


m '^t 


•n 






r-J 


nj 




r^. Tt 


'^ 


1/". 


ly, 






r^ 


r\ 


rn 


r^ 










o 


o 










o 


o 


O 


o 


o 


O 


O 




O 






o 


o o 




o 


O 


o 


O 




C' O 


O 


o 










O 




O 


c 


o 




o 








u 












r-i 


rsi 


r-j 


f^\ 




m 


rn 


r^i 




r^ m 


rn 


^ 


-t 


rt 


H 


T 


Tt 1- 


-f 


^ 


-t 


•V-. 


ir, 


iy^ 


U-, 


IT-, 


lA, 


■c 


^D 


r^ [^ 


oo 


o 


o 




5 c 








o 


S 


O 


O 


O 


p 




p 


p 


p 


o 


o q 


q 


p 


p 


o 




p 


o o 


o 




o 


O 


O 


o 


o 




O 


o 


o 


o o 


o 








X 


- 


— 














- 




















— 




- - 


- 


- 


- 


— 


- 


- 


- 


- 


- 


- 


- 


- - 


— ^ 


u 


■^ 




&•« 


E 


O' 


■O 


■o 


o 


o 


o 


o 


O' 


O' 


o 


o 


O 


o 


o o 


o 


■O' 


o 


o 


o 


o 


o o 


o 


O' 


o 


O' 


o 


o 


w 


O' 


o 


O 


C: 


o o 


O O' 


o 


o 




e .tr 


u 


LJ 


O 


O 


O 


o 


o 


o 


O 


O 


Lj 


Lj 


U 


O 


O O 


o 


o 


o 


O 


O 


O 


O O 


O 


O 


u 


O 


U 


O 


O 


o 


O 


O 


U 


U O 


O 'wJ 


o 


O 






< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< < < 


< 


< 


< 


< 


< < < 


< < < 


< 


< 


< 


< 


< 


< 


< 


< 


< < < < 


< 


< 




o 


o 


O 


O 


O 


'^ 


O 


o 


O 


O 


u 


■^ 


O 


O 


O O 


L; 


o 


O 


U 


Lj 


o 


O O 


u 


O 


o 


'^-J 


U 


Cj 


O 


O 


O 


O 


o 


O !_) 


o o 


O 


O 




z. 


Z 


z 


z 


z 


Z 


Z 


Z 


z 


Z 


Z 


Z 


z 


Z 


z z 


Z 


Z 


Z 


z 


Z 


z 


z z 


Z 


z 


Z 


z 


z 


z 


z 


z 


z 


Z 


z 


z z 


Z Z 


Z 


z 






-r 


-T 


-r 


-r 


-r 


-r 


-1- 


-r 


-1- 


-r 


-r 


•^ 


-r 


-r 


-f -r 


rr 


-r 


-r 


-r 


-r 


-T 


-T -^ 


-r 


-T 


-t 


-T 


-T 


-r 


-r 


-r 


-r 


-T 


-T 


1- -^ 


-i- -^ 


-rr 


■^ 













c> 




o^ 


X 


o- 


Q 


3 


U 




> 


,i) 






a. 

a. 

< 



u > 

a: Cj 



SCO 

si? 



o 



5? = 



O- OC O- 3C 



— r-i — rA (N rj 



i> u u 



ci. i, a. Q. c 
< O < < < 



rj — rj 



-J — - 



< < < < < 



C ^ C O. X; CL O. 

< c < < c < < 



z 



sC^ ^ ^ 

tt; c^ cc: 

o u o 

2 Z Z 






f^, r*-, 



Z Z Z Z 



c c^ c> c> 



O' cr cr c- 



:^ :i: 2i a; 
^ '^ 'o "U 
z z z z 



Di 


:i 


i~: 


:i: 


Di 


:=: 


o 


o 


w- 


wJ 


w' 


^ 


xi 


-i 


-i 


^ 


^ 


^ 


o- 


rt. 


^ 


3- 


^ 


-^ 


o 


C' 


o 




o 


o 



-T »^. rj r', -^ I/-, sC 

~ ~ CJ ^ '^ "^ '^■^ CI^' C!Z' ZX H 



o o o 



Zj 
O 



z 



Id 

z 






- E " " 



c o o 



< 

Z 



< 



< 

z 



woo 

< < < 



< < < 01 



> 



o 



< 
z 











X 


o 

O 




2; 




2C 




o 


o 


fN 


< 


< 

Z 


< 

Z 


Z 


< 

z 




r^ 


rr- 


rr- 


i-y-, 


C/1 


n 


r-i 


r-j 


r^J 


o 





cr 




On 


X 


ON 


u 


. 


Q 


CO 
3 


Z 


U 


1- 

n 


> 


u. 


H 


-C 


<i: 


Si) 

-1 


.J 


o 


^ 


x: 


^. 


-a 


^ 


H 


u 


-o 




a. 




:j 



^6 



£ _ 

SCO 

■o P c 
^ i o 



iZ 



O 



I-; 



£a 



^.1 



CSC 

o 
z 



ON 

z 



a: 



CJS 

u 
Z 






o 
z 



u 

z 



z 



— '^l rj 

q; cic Di 



ClC 

2 



O 

z 



z z 



a: 



< — 
z — 



— 3C — 



U 

z 






— Tt — 

c:: oi a: 

u o o 

z z z 



QC 



z z 



ac ac 

z z 



— — r.1 



On i;^ 



o o — — — 






o o o " ^. ■-: ^ 



o o 
o o 



— do 
r^ ^ ~ 



o o o 



Z Z 



< 



■u O o 



< 



< 
z 



<<<<<< 

O O O Lj o o 

z z z z z z 



< 


< 


< 


< 


< 


< 


< 


< 


^ 


o 

< 


z 


z 


z 


z 


z 


o 
z 


z 


z 


z 


z 






o^ 




o 


X 


o- 


u 


. 


o 


s 


z 


N- 


3 


U 


O 


> 




H 


■— 


^ 


£f 


^ 


o 


^ 


^ 


^ 


■a 






^ 




U 


-n 




CL 




D 



Fu 






i g 



a w 






0-5 






¥.1 



I 



fS 






2: 

z 



a: 



ai 


ai 


a; 


2i 


2: 


:^ 


^ 


-• 


~; 


:i: 


::^ 


2^ 




-1 










wJ 


-^ 


^ 


•^ 


w* 


^ 


Z 


Z 


Z 


Z 


Z 


Z 


z 


z 


Z 


Z 


z 


Z 



o 
z 



— rj — 



— — ^D 



000 



O 

D. 









O ^ 'ij 'vj O 
< < < < < 


















<■ 


< 


< 


<f 


<■ 


^ 





u 









< < 



< < 
z z 



< 



o 'O o O 

< < < < < 



z z 



z z z 



z z 





o 




ON 


X 


On 


o 
z 


On' 


*^ 


T 


u 




> 




H 


.c 


< 


01) 

-i 


-1 


o 


:^ 


.c 


^ 


-a 


u 


OJ 


u 


-o 




D. 




3 



a. 
a. 

■< 






1= E 



« 

u 


o 




























Ij 



ai ai 
(J CJ 
ZZ 
— < Tt 



o\ o 
o — 



" 2 

^ a. 
O < 



f*^ 



o 



z 



cc 


oo 


oo 


00 


oo 


00 


oo 
















rj 


(^ 


(^-1 


r^l 


r^ 


fN 


rvl 
















Qi 


(i: 


q: 


q: 


a: 


Qi 


Qi 


O 


^ 


o 


o 


o 


o 


^ 


Z 


^ 


z 


z 


z 


z 


X 



U 



U 

z 



> 

H 

U 

< 

y 
Ij 

BQ 

— ' 
a. 

O 

Qi 
i- 
Z 

o 

u 
u 





Qi 


DC 


q; 


o: 


q: 




o 


U 


o 


o 


o 




z 


z 


z 


z 


z 




o 


o 


o 


•^ 


t 










rj 


rj 


t/2 


rn 


rn 


r^, 


rj 


n 












u 













d: a; Di 

o o o 

z z z 

-r rr -^ 

rj ri pNj 

CA rj fN 



rj — — 






~ — CD 



Cn) r-1 rj 



a: 


oi 


q; 


Qi 


Qi 


a: 


ai 


Qi 


O 


I J 


I J 


V J 


i-J 


o 


''.J 


o 


xd 


Z 


z 


z 


^ 


^ 


Z 


/i 


O 


o 


o 


o 


O 


r-1 







— rj r^, 






r^ r-i r^ 



t^ 


■«■ 




X 


■^ 


w 


<r 




c J 


-{ 


7 


-<f 


<■ 


H 


T 


/: 


— 


u 




Q 



X = I E X 



< 



z z 



< 



u o 
< < 



< < 



o o o o 



z z 



-^ 


o 


c: 


o 


o 


^ 


o 


o 


o 


o 


o 


X 


"^ 


X 




__ 


> 


Q- 


0- 


0- 


0- 


D- 


NO 


NO 


NO 


NO 


NO 


NO 


ND 


nC 


nC' 


sO 


sD 


O 


Cj 


o 


O 


O 


CJ 


Cj 


U 


O 


O 


O 


<f 


< 


<■ 


<f 


< 


<■ 


< 


< 


<' 


<; 


< 


I ; 


I; 


u 


o 


o 


I J 


I J 


o 


o 


nJ 


i.; 


z 


Z 


Z 


z 


z 


z 


A 


z 


z 


Z 


z 



^ — r-j 



o — o ==: 
C C O 



< < < 



Q 
Z 



o^ 



> 
< 



Si 

u. 

00 

o 



b. 




x; 




O 


<w 








es 


■a 


*» 




o 


^ 


Cl 


o. 


< 




■^ fe 


.1 E 










£ _ 


S E S 


■o p o. 


U CL 


H 














!« 


fi 


s 








n 














OS 




ae 


c 




© 












u 




< 


"m ^ 


^ o 


E^^ 




O 




z 






CQ 




|1 




H 


ox ^■ 


= M 






s •= 


E t 


^ § 


3 >- 


a: =^ 


<V 




li 






e . - 


si^ 


^ 



sO ^ *>o ^ ~^ 
rN r^j rs| rj r-l 



oi 


a: 


(i: 


o 


o 


LJ 


^ 


z 


;^ 



oi 


Di 


a: 


a: 


Qi 


a: 


o 


O 


o 


^ 


^J 


o 


X 


/i 


^ 


^ 


^ 


^ 



nC ^ sO ^ 

CNi (^ r-t CN 

Qi Qi Di o: 

o u o o 

^ :z :z: ^ 

\o <:■ -c ■^ 



o^. a\ o\ OS 

0^ 0^ On Cs 






O O O G 



< < 



o o c c 



C G C 



< < < 



rg rj rs 



rJ r-l fN 



(N r-j fN rs| rN rs <N r^ r4 fN r-j 






D£ 


^ 


ai 


Ci 


o 
z 


z 


Z 


Z 




o 


tr. 


O 



o 


o 


tr, 


o 


o 


ir. 


O 




o 


ir, 


U-, 


y", 


»A, 


C^ 


ce: 


a: 


a; 


Cii 


::^ 


a: 


ce: 


Csi 


1:1: 


o: 


Di 


^ 


Z 


z 


z 


z 


z 


Z 


Z 


z 


z 




z 


z 


— ^ 

z 




z 


O 


O 


o 


v. 

O 


O 








O 










ir, 





O 

(A 

< g 
^ i 

r', r<-, cc 3C 00 ^ fN CI r^i rj n ri ri ri ri ri (^j r\ r \ r \ r \ r \ 1-1 ri <-! 

(~tr)ir, I/-, ly. coo 0^a'0'C^O^O"3"0*'0^0"C^C^O'G"C-G":^0"^ 

rjr-j — — — occcoo C/5"*~ — — — .— — — — — _____ — — _-_..- 

'^ o o o o o o u r^ '■^ '-u '-^ '-^ '-u lj '-^ -^ 'u ''^ lj '^ '-^ lj '-^ '^ '■^ '^ '-u 
zzzzzzzz ^zzzzzzzzzzzzzzzzzzz 

-r -t O O' o O O O r" f^ f^-l <^ 'N r-l rj ri rj rj rj rN nj rj r-j rsi n n rj n 

r-i ri rJ rj rj — — — ^ W (N fN rs| rsl r-l n r j rJ rs r^! r^ r-l r\ r-i r-j ri n ri ri 
(-1 r-4 — — — r--, r^ r*-, r::^ ■^ fN r-j fN rsj r-l rj r-i rj rs r-j r^ r--i ri rj r-j rj rj ri rt 

_______„Zfl£------------------- 

H 

— r-i n r^ */-, tr. ~~ ^-i <^^ ^ oc — rj r^, rj \C ■— ■^ u". — ra f, ■rr ^o — r~-j i-^. -r — 

000 ooo'^^'^'^Oo 00000 0000000000000 
r*~, (-nooOrj~~^~~~ri — r-irjriTt'r'A, »r, ir, r-r--r-r--r--0 ooo— ■ 
00 O'OOo'^P'^^ooO' 00000000000 — — — — — 

C'0'CiiaiCe:c/:'>>->"^ CQCQCCCCCCCCCCCDCCCCCCfflCCCQCC C2C2C2^ 

^^^C^C'sO^^D'^'sDsD'^IoCOOOOOOOCOOCOOCOCOOOCOCOCOCOC 3CaCCC3C 

~~~~~~~~~u------------------- 

<<<<<<<<<a:<<<<<<<<<<<<<<<<<<< 

'w> O O O o L^ O O O H O U O O U U O O O 'w^ U O '^ 'v-> o o o u o 
ZZZZZZZZZOZZZZZZZZZZZZZZ2ZZZZ 

---------u------------------- 

n ri rj r-j rj ri ri r 1 r-t ^ rj r-i ri rj r 1 rj r-i rj rj r-i rj r-i r-\ rj rj n rj r-i rj 



* * 

S o 



II 






< ^ 






¥.1 









a: 1^ 

z z 



O; 

S 



m 



V. -j^. j^. \r. v. 'J^. -•y. ir. -J^. 



— . 


o 


— 


— 


— 


__ 


__ 


^_ 


__ 


.^ 


— 


.^ 


.^ 


.^ 


__ 


ir, 


V. 


tr. 


r^, 


r^j 


"-1 


r^j 


c. 


r*~; 


r^, 


r^, 


r^, 


r*-, 


r^, 


rn 


ct: 


c:; 


ai 


cc: 


cc; 


CC 


cr: 


Di 


CiL 


Di 


CC 


q:: 


Ci 


CiL 


Qi; 


2 


w* 

z 


z 


w- 

z 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


Z 


z 


c 




O 


d 


d 


O 


o 


d 


d 


O 


o 


d 






O 









E E E E E E 



Z 



< < 
Z Z 



O 
o 

3 OCCCOCCCiCOCOCOCOCOCOCOO 

■^ ccococococococococscoccc 

o------------ 

L^ ^ ■_; O L^ '— ' '-J O 'w* O Lj Lj r< 
t/jZZZZZZZZZZZZg 

^ ri ri r4 n ri rj r^ r^i (~j ri rj rg Ce! 
y rj rj n rj ri n (~g r--i rj ri oi 

2 = 

it} tij 

f^ -TTf-r-t-r-T-TT--T-r-i--rCS 

____________ 

"- zzzzzzzzzzzzH 

u------------< 

7 r-j r^j r- 1 r\ r-i r i r j rj r j n r-j ri ^ 

22 < 

u 

^ — — — — — — — — — — — — ^ 

ir<<<<<<<<<<<<0 

H ^ 'w* O -J O U O O O O O O r^ 

^zzzzzzzzzzzzz: 

^ nj rj r-j ri ri r-\ r-j r4 (~J ri (^i rj y 



ar 


ai 


Di 


ai 


n^ 


Di 


Qi 


Di 


a: 


oi 


z 


Z 


z 


Z 


Z 


z 


Z 


Z 


z 


Z 


o- 


3- 


Cr- 


o- 


o- 


O' 


a 


C^ 


0- 


a- 



— CJ 



a. 


_ 
























O' 






















w 
















































-3 







r^J 





r-i 


_ 


rg 


r^ 


^ 


»v-. 


^ 






r: 


c~^ 






o 


O 


o 






g:: 








rj 


n 




r*^ 


r^ 


r^ 








O 


c; 






o 


O 


O 


O 


O 


o 


f 


L^: 


2 


2 


2 


S 


2 


2 


S 


2 


^ 


2 


5j 


o 


o 


c 


o 


o 


o 


o 


c 


o 


o 


o 


c 


'^ 


^ 


w 


U 


i ; 


O 


O 


O 


O 


o 


^^ 


'— 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


c 


^ 


v; 


O 


u 


O 


O 


o 


o 


o 


o 


^ 


u 


Z 


Z 


z 


z 


z 


z 


z 


z 


xd 


Z 


Z 




<■ 


<■ 


<• 


< 


<• 


< 


<• 


< 


<• 


< 


< 


z 


>y-. 


w-, 


V-, 


v. 


!^ 


_; 


"/", 


1/", 


<y"i 


KT. 


^r, 





o- 




o- 


X 


o- 


u 


r 


Q 




Z 








u 


Xi 


> 


u. 



^ I 
U -a 

Q. 



P. 

< 



£(5 



SCO 

•O P Q. 

^ i o 
X 5: 
H 



« t3 

E U 



¥ .2 






z z z 



as 

O 



rsi fN fN 






z z 



a: 
z 



^ so so 



a- 






g; 






on 


oo 


or, 


or, 


CT- 


o 


O 


CT- 










O^ 


r-- 


O- 


a 



5^ 



oo OC 00 


00 












0^ 0^ a 


C^ 


av 


c^ o 


O 


c> c>. 


f> 


















a 


c^ 


[^ Cr 


o 




a. 



< < 



< < < 



— o ^ ^ 

c -H. c a. 

cl x; Q- c 

< C < < 



o c 5 o 



Q. ^Si, 5. c 
C X: C d 

< O < < 



C _, C EL 
O. x; C C 

< o < < 



■ :i. c a. 
< < < 



•j^. !/-^ -j-i -j-j ir. ^. v^ ir. 



CA VO CO c/^ c/^ c/^ c/^ 



■j^ -j^. ly^. 



a:. 


ce: 


a: 


a: 


Di 


a: 


^ 


^ 


o 


o 


u 


o 


z 


z 


z 


z 


z 


z 



sC 

z 



so 


so 


sO 


so 


Qi 


ai 


ai 


Qi 


o 
z 


z 


Z 


z 



O O' O O' 






n1 r^ r*^ 



Di Qi Qi ai 

o u o u 

z z z z 

sD so so so 



a: 

z 



z z z z z z 

sC sO sC sO sO so 



I/-, 


■y. 


'V-, 


«i-. 


tr, 


O 

z 


o 
z 


a: 
z 


z 


Z 



z z 



^' 


<:; 


~ 


sC 


^c 


";:: 


sC 


■^ 


^ 


^ 


T 


sC 


sC 


~ 


sC 


sC 


X 


~ 


~ 


~ 


sC 


sO 


~ 


~ 


sC 


~ 


~ 


r:^ 


ce: 


Di 


:^ 


:£ 


ct: 


C^ 


r^ 


^ 


:^ 


£v; 


a:: 


2ji 


^^ 


:%; 


ai 


ai 


ai 


c^ 


ai 


rv 


a: 


:v; 


2^ 


n^ 


::^ 


:;; 


Z 


Z 


2 


z 


Z 


Z 


Z 


Z 


z 


Z 


2 


Z 


z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 




Z 


z 


Z 


z 


Z 


Z 


OC 


OC 


oo 


00 

o 


00 

o 


OC 


OC 

o 


OC 

o 


oo 


OC 

o 


oo 

o 


oo 

o 


OC 

o 


OD 


OC 


OC 


OC 


oo 
o 


OC 

o 


00 

o 


oo 

o 


00 

o 


OC 

o 


OC 


o; 


v: 


^ 


r^ 


ri 


fN 


r^A 


rj 


("1 


r-j 


r-\ 


ri 


r-j 


rj 


(vi 


rj 


r^ 


_ 


rj 


ri 


r-i 


r^ 


(N 


r^ 


fN 


rl 


(~l 


ri 


rl 


rl 


^ 


rj 


o 


r-l 

o 


o 

o 


o 


o 
o 


r\ 

O 

O 


o 

o 


O 
O 


1 




1 


■?. 




<r. 


1 


r] 

3 


i 


3 
,§ 


ly". 


sC 

o 


^ 


r I 


r^ 


3 
o 


'r, 


z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


z 


Z 


Z 


Z 


Z 


z 


Z 


Z 


z 


Z 


z 


Z 


Z 


Z 


Z 


Z 


z 


o 


O' 


o 


o 


o 


o 


o 


O' 


O' 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


O 


o 


c 


3 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


O 
< 


< 


< 


< 


< 


< 


< 


< 


< 


z 


Z 


Z 


Z 


z 


z 


z 


Z 


z 


z 


z 


z 


Z 


z 


Z 


z 


s-> 

z 


Z 


o 
z 


o 
z 


sJ 

Z 


Z 


sj 

z 


z 


z 


Z 


z 


< 


< 


< 


< 


< 


< 

ly-, 


< 


< 

ly-, 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 

yr. 


< 


< 


< 


< 

yr. 


< 


< 


< 


< 


< 





OS 




ON 


X 


OS 




On' 


Z 


"■N 


T 


U 


n 


> 




1- 


^ 


< 


-1 


u 

s 


o 


^ 


-a 


=3 


OJ 


u 


-n 




Q. 




:d 



x: 

5 




u 
s 
OS 

o 

Q. 

a. 


ft 

1- CJ 


Text differs 

from 

proposal 


s 
a 
X 

of 


S 


e 
< 








ox « 


ll 

s .-£ 

< 



\0 <:> o 



Qi 


Qi 


OS 


Qi 


o 


o 


o 


o 


^ 


^ 


-i 


^ 


^c 


vD 


so 


^ 


— 


~ 


—" 


— 



oi 


ai 


o 


U 


z 


Z 


1— • 


o 



oe oc oc 00 oc 00 oc 
0^ O^ O^ G^ O^ O^ O^ 



o o o C^ 



OS 
O 






< < < < 



< < 



GO c/: cT! c/:i 



■sD ^ OO OO 



r^> 1"^ r^ r*^ 



CO 00 OO 00 OO 



a: 



r^l 



rn 



LT, ly. 



(-n 



r*-) 



i-n 



_ — — — r^i^r^r^r--i^r- r^ r^ 

— — — — — — — — — — — — — o^. _ 

1/", w, ir, ly, sD sC 'sC nO O ^C ^O ^ '^C O -* 

_____ _ _______ rji; 

O L> O O o O Lj O '— ' O O O 'o U ,^ 
-------------PE 

ri r-j rj rj r-j rj (^j r^ r-j n rj rj ri rt .u 



a: 




Di 


oi 


^ 




o 


O 


z 




z 


z 


, 




f^ 


o 


o 


<■ 




rj 




Z 


r^t 


fN 


— 


~- 


— 



r^, — 00 



L> O O O '^ U O O O O 

zzzzzzzzzz 






z z 



z 



2i 

z 






< 
z 



^ ri ~- 



OC 00 0^ 



O O O' 



o — o 

r^ m — 

o o — 



Z Z C C 



2 2 2 2 2 

O O' O O' o 



O m 
o — 



< < < 

O O O 

z z z 

< < < 



z 

< 



V-- v-j 



< < 

z z 

< < 



< < 



o 

< 



^ 'U 'U 



z 

< 



< 



< < 

O \J 

z z 

< < 



< 
u 
z 
< 



a. 

a. 
< 






n p a. 



t; CO 
^ 3 

u 



« i 



g. 



a: 



E S 



^ft. 



Bi S 



o- — 



O < 



00 



c/^ c/^ y} y) t/} 






Z Z 



ai 
Z 



U 
Z 



pi ci pi fs: pi 

z z z z z 

rt n rj <^j — 

rt rj n *~j — 



ai 2i 
Z Z 



a: ai 

z z 



t^ Gi ^ :^ ili ^ C^ 



Z 

o 



pi p: pi cs: 
'^ —^ o o 
z z z z 



ai :i 
z z 



»r. ^ r^ 

O' o o 
oc — — 



O O O O' 



< 

2 



o o 
< < 



< < 

Z Z 

< < 



< < < < 



o 
< 



o 

o 
< 



z z 

< < 



z 

< 



z 
< 



< 



z 

< 



z 
< 



z 
< 





o^ 




On 


X 


cr- 


o 

z 


ov' 
3 


M 


o 


'> 


aj 




u. 


h- 


x: 


< 


OX) 

-I 


mi 


o 


;j 




^ 


-a 


^ 


1) 


u 


■o 




Q. 




3 





"H 
■o 

4.) 

> 

£ 

a. 
a. 

< 


go 


Tent differs 

from 

proposal 


s 

M 

u 


c 


s 

< 






a 
Z 


n 

P 


11 


1 = 



a 



Z 



o < 



*0 sD O ^O 
— — — O 



o 



ri — r-] 

oc — oc 



W wJ ^ 



sC O sD ^' ^ 



q; 


Qi 


a: 


Di 


z 


z 


Z 


z 




T 


o 




r-j 


r*-i 


m 


rn 





0-. 




Qi 


Di 


a: 



o 



o — — 





oo 


^ 








r- 




oc 


r~- 


— 




OL 


Ct 


cc: 


\J 


O 


o 


^ 


^ 


-^ 


f^\ 


-i- 


.— 


w 




r-K 


r-j 


(~i 


r4 







\D 


<> 




S 

"7 


•r 


OC 




rj 

^ 


OC 




oc 




o 


^■ 


oo 


'A, 




££. 


Qi 


^ 


crl 


c^ 


1 

E 


t^ 


C^ 


Cti 


cc: 


cs; 


ct: 


QC 


a: 


c^ 


OL 


Di 


C£ 


Di 




z 




Z 


Z 


Z 


Z 


Z 


z 


Z 


z 


z 


z 


Z 


Z 


Z 


z 


z 


o 


--r 
o 


o 


o 


O 


W 


fN 


'^ 


o 


oc 




OC 

o 


'I- 


rJ 


o 


oo 




o 


o 


m 


r^-i 


r^ 


r*-i 


rn 




o 


— 


— 


r^. 


— 


rn 


— 


— 


— 


o 


— 


— 


— 



oo oc oc oc 









o 
O 
< 



— — r^ r^ r-i 



s o c 5 



< < 



z 

< 



o — o 



z 

< 

u'- -— ur, 

— > _ 



rj 


o 


o 


m 

o 


E 
o 


CD 
fN 

O 


< 


< 


< 


< 


< 


< 


z 


z 


z 


Z 


z 


Z 


< 


< 


< 


< 


< 


< 



CQ X li: C2 CO CD CC 
rN rj r-i i-Ni r-l r--) n 

0*00 o 



CO C2 CC 2C 



o 


^J 


< 


< 


^ 


o 


z 


z 


< 


< 



< < < 



z 

< 



o 


C; 


C; 


u 


<f 


<f 


<■ 


< 


o 


o 


O 


u 


z 


z 


z 


z 


< 


< 


< 


< 



a. 



E E S 

•O p Q, 



a- 



u 



O-' 



^£ 
H -= 

Si 

» -i 
u -§ 

a. 



s 



•11 



"/". "/". "/". 



pi a: ci 
o ^ '^ 
z z z 



o o 
z z 



Z 



z 



0! 
O 

Z 



OC OC OC' 



00 



f^j fN r-i 






o o c 



< < 



Q. 
< 



O 



c/1 



3C OC OC 

^ ~C '-C 

M-, r^ r*-, 

ai a: a: 

z z z 

-r -T T 

o o o 



ov — a 
r- a sc 
oc o r- 






— ^j — 






a: 2:: a; 


Di 


Ci 


2 z z 


Z 


Z 


— r^-, O- 

rj rg — 


OS 


o 



■n- o — 



Z 

O 



OS 
u 

z 



oc 


cc 

CO 

o 


o 

fN 


E 


E 


= 


0-' 


ri 




E 


ri 


OC 


OC 

OC 

o 

rj 


sC 
OC 




a- 




r^ 
OC 


(N 


O 


rj 
oc 


oc 


rj 
oc 


OC 

rj 


IN 


3C' 


ri 

1/-, 
r 1 




:r; 


^ 


a: 


2^: 


Qi 


ce: 


ai 


cn: 


:s; 


r^ 


dL 


aC 


ce: 


a: 


a: 


^ 


^ 


^ 


OC 


^ 


a: 


CC 


r^ 


:ii 


ci 


2^ 


2C 


CC 


Z 


Z 


z 


z 


z 


Z 


Z 


z 


z 


z 


Z 


Z 


z 


z 


z 


Z 


z 


z 


z 


z 


z 


Z 


z 


z 


Z 


z 


z 


z 


ri 


ri 


rJ 


-T 


-r 


t 


rj 


-^ 


\D 


^ 


rr 


o 


rt 


o 




fN 


r^ 

O 


'^ 


ly. 


ly. 


^ 


^o 


^o 


oc 


yy. 


-r 


^ 


-t 
ri 


ri 


rj 


n 


"Zl 


'-n 


: 


r-j 


n 


fN 


n-. 


r-i 


rj 


ri 


rj 


— 


r^, 


rj 


ri 


— 


— 


ri 


r-\ 


rJ 


;:; 


z 


^ 


r^i 


r: 


1- 




tr, 

fN 


i~o 


3 




oc 

o 


oc 

o 


OC 

c 

d 


OC 

d 


O 


d 


d 


d 


d 




— 


O 


o 




ly, 

O 

o 




■rr 


iy, 

o 


>y. 

o 


o 


«7^i 


O 
1/-, 


f~i 


rl 


r J 


rl 

o 




n 


fN 

o 


5 


rj 


rj 


r-i 
o 


rj 


a: 

rJ 

o 


rj 


fN 


r) 

c 


S 


ri 

O 


C 

O 


S 


C 
rj 

O 


O 


fN 

O 


rt 

O 


rj 


fN 

O 


r^ 


f~i 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


^ 


< 


^ 


< 


< 


< 




< 


Z 


z 


z 


Z 


Z 


Z 


Z 


z 


z 


z 


Z 


Z 


Z 


z 


z 


Z 


Z 


z 


z 


z 


Z 


z 


z 


Z 


z 


Z 


Z 


z 




< 


< 


< 


< 


< 


< 


< 


< 

»y. 


< 

tr, 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 

1/-, 


< 


< 


< 


< 


< 

ir. 





o> 




o^ 


X 


o 


M 


c 


z 


X) 


> 


0) 


h- 


J=, 


-a: 


-1 


^ 
3 


o 


s 


-o 


;j 




u 


■a 




Q- 




D 



5 


OS 

■o 

> 

e 

a. 
a. 

< 




Text differs 

from 

proposal 


«5 


C 


e 
w 


Mi 


z 


n 
u u 


11 


5 = 



r>) r>i rsi (^1 fN 



OS 



a: 
z 









a: 


oi 


oi 


Di 


Qi 


Qi 


oi 


d; 


Di 


o 


O 


o 


o 


o 


'-' 


O 


o 


O 


Z 


z. 


z 


z 


z 


Z 


Z 


2 


Z 



a: 



\0 sO sO so sO \0 



Os Os Os Os Cs 



Os Os OS OS Os 



00 00 OC 00 OC 






a: 

z 



a: 
2 



' — r t ~- 






ac 


a: 


Oi 


a: 


Di 


Di 


Di 


a: 


Qi 


Ci 


Qi 


o 


^ 


o 


o 


O 


'-; 


o 


o 


^ 


~J 


O 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 



O 
2 



a: 


c:; 


o: 


cc: 


Qi 


■o 


o 


u 


^ 


O 


2 


2 


2 


2 


2 



OO sD 00 00 00 00 oo 



— O — C' — 



o — o — — 






— ^ rj 



so sO sO sO 



CiQQ2C:QQQQQQQQC22QC!C!QClQQQQCC3QQ 



< 

O 
2 
< 



< < < 

u u o 



c; 


o 


o 


o 


< 


< 


< 


< 


'o 


o 


u 


o 



t J 


s ; 


O 


s ; 


O 


s ; 


c ; 


s ; 


^ 


U 


O 


U 


S.J 


S.J 


O 


Li 


O 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


k; 


■s J 


'.J 


\J 


s; 


•-J 


^J 


^ J 


^J 


o 


o 


O 


>-; 


^^ 


o 


o 


o 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 





ON 




a- 


X 


o- 


u 


. 


Q 




Z 


C 


■■ 


n 


u 




> 




1- 


.c 


<( 


-1 


-J 


o 






^ 


' — 


^ 


-o 


3 


OJ 


U 


■n 




O- 



B. 
O. 



6" ti 



:r c o 
■ape 









C8 ■? 



¥.£ 












a: 
O 
z 

O 



— rj 



oc r--) ri 
~ ir, I/-. 
-T ri rj 






a: Qi a: a: 
o u o o 
z z z z 



Qi q; a: a; 
'— ' ^ Lj O 

:z: :2L :zL ^ 



OC 


(^1 

oc 


n 


-r 

-T 


.^, 


ri 


.:^, 






a; 


q; 


a: 


c:; 


--^ 


^ 


C^ 


z 


Z 


z 


Z 


z 


Z 


z 


z 


Z 


Ov 


^ 


»^. 


cc 


-r 


ri 


-r 


^ 


v: 



3- 


OO 


W-, 


O' 


U-, 


o- 


cr 


o^ 


o- 


c^ 


o^ 


o- 


O-' 


o 


■sC 


>o 


0^ 


o- 


c^ 


0^ 


Ov 


^ 


»^. 


cc 


^ 


ri 


"X 


~=: 


zr 


- 


£ 


- 


- 


- 


- 


- 


- 


- 


= 


- 


z: 


~ 


f^l 


<-n 


Zl 


r 


- 


- 


- 


- 


f-J 


r 


- 


i 


fN 


::^ 


12 


E 



ri rsi rj r-i rj 






C: Q 



z 
< 



z 
< 



QCQQQQQCQCGQQCiQCCQ 



< < < 



< 


< 


o 
< 


< 


^ 


^ 


o 
< 


< 


< 


< 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 



c 


^-v 


-— V 


o 


o 


O 


< 


< 


< 



O O' o o o 



< < < < 



ir, ur, 



"A. ty~. 



z 
< 



-1 o 
z z 
< < 





o^ 




o 


X 


o^ 


u 


. 


a 


3 


z 


u 


n 


> 




H 


x: 


< 




^ 


o 


D 


x: 


^ 


-a 


;j 


OJ 


u 


-n 




Q. 




D 






3 

a: 



fi. 
a 
■< 


11 

u > 


Text differs 

from 

proposal 


U 


4^ 


a 
.2 

< 






"3 n 

ii 


o 

z 




0£ * 

II 


< 



^O 'O ^ 



».o ^ ^ ^ ^o 






z z 



Q^ 


ci; 


ci 


ac 


ci: 


a; 


oi 


O 


u 


o 


O 


o 


o 


o 


z 


z 


z 


z 


z 


z 


z 



z z 



vO 


vO 


^O 


vO 


^o 


\D 


^ 


^ O 


^ 


^ 


o 


so 


SO 


r: 


2 


r^ 


:2 


2 


2 


2 


r^i r^i 


:i' 


2 


:2 


r^, 


::■ 

























On 


O^ 


O 


cr 


ON On OS 


O-' 


On 


O". 


O^ 


On 


r>. 
























OS 


O 


O^ 


OS 


ON r^ OS 


ON 


On 


or. 


O^ 


On 


ON 



? 

s 



< < 



^ Q. D. & 

Sj a. cl a. 
O < < < 



< < 



< < 






z z 



o 


o 


o 


o 


z 


z 


z 


z 



O OC 
r- o- 
n — 



o 's.; o ^ 






m r-i rn n-, 



r^ r-i r^ 



O' r^ r^j iTi 

(-1 o^ "^ n 



z z z z 



OC — — 



— 


— 


. — 


^ 


rj 


^ 


u 
z 


a: 
o 
z 


a: 

u 
z 


a: 
o 
z 


z 


z 


so 


so 


V"J 


so 


00 


so 






OS 

z 



ci: 
o 
z 



z 



z 



^ 


— 


o- 


Qi 


cc 


Qi 


z 


Z 


sj 

z 



— — r^ 






CiaQCCQaQQQCQC: oc 



< < 



< < 



< 


< 


< 


< 


sj 

< 


< 


< 


< 


< 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 


< 



< < 



-i- 


T 


.^ 


r^ 


r^, 


TT 


, 


O 


r*-, 


o 


o 




o 




o 


o 


o 


O 


TT 


'i- 


ir, 


IT. 


V. 


>r. 




r^ 


r^ 


r^ 


c 


Q 


c 


□ 


□ 


C 


c 


c 


















r J 


o 


O' 


o 


o 


O 


O 


O' 


O' 


o 


C J 






O 


C^ 


O 


Cj 




s.; 


< 


<■ 


< 


< 


< 


<■ 


< 


< 


< 


o 


u 


s-J 


o 


o 


^ 


sj 


O 


u 


z 


z 


z 


z 


z 


Z 


z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 


< 



Q □ c c a 



o 


o 


o 


o 


o 


< 


< 


< 


< 


< 


o 


o 


o 


o 


o 


z 


z 


z 


z 


z 


<^ 


< 


< 


< 


< 



a. 
a. 
< 






o-i 
u ■ 
S s 

< ^ 

^^ 

D. 






E=« 



E £ 



^i 



a: 
z 



o 

z 



a: 
o 
z 



5^ 



5; 



5^ 






a: c^ c^ 
w o o 
z z z 



z z 



£5i 



— — 00 



Z LU 



rj u 



a: 
u 
z 

00 

o 



rj »^] ri rt r^ 



o o 
ri r^ 



o rr c: 



2 Z Z Z 



p: ai 2i a: 

'^ U L^ L> 

z z z z 

l*~, I/", l/"l 1/", 



a: 


ai 


a: 


cc: 


a: 


a; 


Ci 


Z 


Z 


Z 


z 


Z 


Z 


z 


o 


'^ 


1/", 


»/-, 


V. 


ir. 


^ 









— , — r-i r-i 

ri (~4 f^-l O 






o — o o 

— — r^ r-i 



ri 


ri 


O 


O 




ri 


ri 


O 


r--j 


— ' 


^ 


ri 


r-1 


O 


r-1 

o 


rj 


(-J 


O 


ri 


z 


z 

ri 

O 


ri 


r-1 


rj 


rj 


r^j 


r^i 


r-| 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


<- 




Z 


Z 


o 
z 


z 


Z 


Z 


Z 


z 


z 


z 


z 


z 


Z 


Z 


Z 


z 


Z 


z 


Z 


Z 


Z 


z 


Z 


Z 


z 


z 


Z 


< 


< 


< 

IV-, 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 

IT, 


< 

ir. 


< 


< 

ir, 


< 


< 


< 


< 


< 


< 


< 

1/-. 


< 
ir, 


< 


< 


< 





ON 




On 


X 


ON 


u 


, 


Q 


ON 


Z 


3 


U 


O 


> 


U. 


H 


-C 


< 


01) 
-1 


U 


o 


U) 


■^ 


S 


-a 


Ui 


V 


u 


-o 




Cl 




::d 



3 

as 



a 
a 



to 



•o P a 



b. ^ 



Z 



§■1 






«a- 



u (J 



a: 


oi 


Di 


oi 


Qi 


c^ 


o: 


q; 


a: 


o 


o 


O 


\J 


o 


O 


o 


o 


o 


^ 


^ 


^ 


/- 


^ 


^ 


z 


2 


X 


NO 


sC 


NO 


NO 


NO 


^ 


NO 


NO 


NO 


!■ 


::' 


2 


Z: 


2 


^^i 


r^) 


•^ 


2 






z z 



fN 


(N 


fN 


(N 










O 


OS 


ON 


On 


Di 


Di 


a: 


cc! 


O 


IJ 


o 


o 


z 


z 


z 


z 



OS OS ON 



gs 
o^ 



OS 0^ ON 



OS ON OS 



o g o 

o. o. o. 

O. C CL 

< < < 



Di 


oi 


a: 


z 


z 


O 
Z 


o 


d 


1^ 
o 



(^1 rg — ~- 

ci a: a: a; 



z z 



rsi rsi rs( 

o: a; a: 

o o u 






o — — 



OS 

u 
Z 



— o o — 



r^ so sO U". 






q; o: a: q; 

o o o o 

z z z z 

^ O O ^ 

— rs — rj 

fN r-j rj — — — — 



Ci 


cc: 


Qi 


ai 


a: 


OS 


z 


z 


z 


Z 


z 


Z 


NO 


so 
rsi 


o 

rs] 




o 


OO 

o 



z z 



a: 
o 
z 



z z z z z 



r^j rj rj 



Z 



Di 

Z 



>-*-, r^, r^ ^ NO Os -T "r, 

oooooo — — 



O O Q O C C 
<-j r-l r^ rsi r-i r-i 



O ^ O O 



< < < < 



< < < 



z 
< 



o 

o 


o 


o 

rsj 

o 


S 


< 


< 


< 


< 


z 


z 


z 


z 


< 


< 


< 


< 



O O O O" 



< < < < 
u u o o 
z z z z 

< < < < 



O 

o 




o 


o 

OO 

o 


1^ 
o 

o 


00 

o 

00 

o 


o 
rs] 

o 


o 

g 


nD 

o 


O 


O 
rs( 

o 


o 


O 
rsj 

o 


O 


a 

o 


a: 

O 




a: 

s 


< 


< 


< 


< 


< 


< 


< 


< 


< 



OS o — — 

o — — o 

o o o — 

< < < CQ 



< < 



2 

< 



^ ^ O 'O 



Z 

< 



< < < 



;; 


o 


o 


<■ 


< 


< 


o 


o 


o 


z 


z 


z 


< 


< 


< 








o 




o~ 


X 


o 


u 


. 


Q 




Z 


t 


^* 


3 


u 


^ 


> 




H 


-C 


< 


01) 


^ 


o 


9 


.n 


^ 


■a 


3 


OJ 


U 


■n 




Q. 




D 






a. 
o. 



Ro 







0£ * 



?: o 



z 



oc IT, oc IT, r^ 

r^l ^ rj — o 

— c — o — 



> 



> 



uj O :ij O 






— iTi 






OL 


cj; 


Qi 


O 


u 


U 


Z 


z 


2 


r*l 


m 


rn 


•^ 


T" 


~ 



Z 



W-. sD »r. ^o 

fi >o ^*^ <> 

— ly, — v-i 

:^ Cii a: :^ 

O U U ^ 

z z z z 

rt sC -T >0 

— o — o 







r^< rt OO 

— 3C ri 
r- 3C r-j 

— — rv] 


oo 
ri 










C^ 


C^ Cx^ 


a: lii ai 


Cxi 


cc: 


ci: 


cxl 


a: 


Z 


z z 


o o o 
z z z 


Z 


z 


z 


Z 


O 
Z 


r^ 


— r-4 

(-SJ — 


oc — rr 
— rj r-j 




r4 


<^-i 


r-j 


r^ 



pi 

Z 



z 



a: 
z 



ct: 


Oi 


Di 


2i: 


o 


o 


^ 


o 


z 


z 


z 


z 



:^ 


-^ 


-1 


O 


Z 


z 












< < <■ < 

CC OC OC OC 



< 


< 


< 


< 


< 


< 


< 


< 


< 


z 


z 


z 


z 


z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 


< 



< 



z 

< 



< 



z 
< 



z z 

< < 



z z 
< < 



rj rj 

< < 



< < 

z z 

< < 





Ov 




On 


X 


2 


Q 
Z 


On' 


■■ 


3 


u 


n 


> 


Ll. 


H 


^ 


< 


Oil 


U 


p 


3 


j: 


S 


■a 


L) 


u 


U 


TJ 




a. 




3 






!= E S 

"O s Q. 

U 0. 






s.: 



5 = 






O ^O ^ NO 



2 Z 



"/-, t^ t^ [^ [^ t^ (^ 

^O ^ ^ nO no nO nO 









z z 

NO Tf 



oi 


OS 


O 


o 


z 


2 



oc oc cc 

0^ 0^ C> 

(N 5^ r^ 

r-i — (N 

o ^ o 



O^ Q^ 0^ Q^ O^ 



r^ rvi (N 



oc 


00 


OC 


or 


oc 


oc 


?• 


a 


C^ 


O^ 


o 


0^ 


r^ 


fN 


(N 


r-4 




r- 


rM 


(N 


<N 


rsi 


















C 


O 


O 


O 


— 


r-4 



fS 0^ 
(N — 

O — 



U (L> 3> U 1) 

> > > __ > > 

c C C o o c 

cl c a. .H., c- cl 

C- C_ G. ^ C Cl 

< < < o < < 



> ^ > > 

CL jC Cl a. 

< c < < 



< < < < o o < 



o < 






— — ___ _,— , — — , — — — , — — ^r--, r*-ir^, r^, 
I-*-, i-r-, t-r-, r*-, r^-i r*-, n", rr-, rr, r^, r^, r^, r^, r^, ly, rj CI rl C-A 

C^ C£ ^ C^ OL dL ZiL CL C£ C:L Z^ cc CC CC Ct CC CC dL CC 

O o O '^ O O O O O L^ Lj '—J U L^ O O O O O 

-7- :zL :zL :zL -z. -tl -^l -tl -t: :zl :z. -z, zz zz z z z 

— _____ ___, — _, — ___ — _ ^r-irirNirs 

OOOOO O'O'OO'OOO oo ooooc^ 

r*^, r^ rn r*i r*-, r*-, m r^, r*-< m rn r^ r*-i r*~) r^ rn r^ r^i r*"t 



c-l 


<s 


Bi 


Di 


O 


O 


z 


ii 



z z z 



z z 



u 
z 



rsl rr, rN 



sC 


nC 


sC 


■^ 


^ 


<. 


^c 


'O 


^o 


q:: 


ci: 


cs: 


C!i 


ci 


2i 


q: 


ai 


Qi 


Nj 

2 


z 


2 


2 


2 


2 


2 


2 


2 


oc 


oo 


oo 
o 


o 


00 

o 


00 

o 


00 

o 


oo 
o 


00 

o 






z z 

^O' ^ 






rj — 



o o — 



< < 



< < < 



< 



Z 
< 



< < 



o 


o 




o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


O 


O 


O 


O 


O 


o 


o 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


'w* 


o 


o 


V ; 


o 


o 


'^ 


o 


Lj 


o 


o 


o 


o 


o 


o 


o 


^; 


'.J 


o 


o 


o 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


2 


2 


2 


2 


2 


z 


2 


2 


< 


< 


< 


< 


< 


< 


<; 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


-c^ 


< 



Q. 
< 



o 



■o p n. 



u ■ 

s I 

J ? 



-a 

Cl 



o ' 



E £ 



ttCL 



ai as 
z z 






r4 — 



z z 



oc oc 00 

o- o^ O^ 

r-l cr fS 

rsl — rvl 

o — o 



oc oc oc oc oc oc oc 

O" C O^ O^ O* ^" ^ 



<~J — (N 



< < 



— > > > 

o £ O g 

■ H, c. c. C- 

o < < < 



■^ — -■ i 

c. .^ c. c. 

Q. -C C- C 

< c < < 



rj rj r4 
r^ cc r^ 



— > — 
'J O u 

C < C 






a: a: 
z z 



z 



z z z z 



z z z z 

rj rj rj rj 

O C' O w 



Z Z 



a; 
z 






c*; 


Di 


ClC 


<j 


o 


o 


z 


z 


z 


o 


3- 


a- 



u 



ri 



(^J 



rj 



rj 



r I 



ri 



-r-T-r-r-T-T-r-r-T-^-r-T-r-T-r-r-r -r-T-T-r-r-r t -r ~r rj rj 

's-J U ^ L> ^ 'o ^ U L> '.-' 'w* ^ ^ U O O '—/ 'w- ^ '— ' O O L/ 'w* U/ O '-^ '---i 

ZZ22ZZZZZZ2Z2ZZZ2 :z "z :zL :z. ^z. -^: -z. z. v: z: z 

^ ^ ~c -^ -^ -j::^ -o <:■ <i ^ <i o -^ -^i:^ -c 'C -^ <:■<:■ ^ -c <:■ -^ -^ <. -c — — 

r-x r\ r-i r\ r\ r-\ r i r-j r-j rj (--i rj rj rg rs| rj rj r-j r-i rj rj n r-j rj n n n r\ 

— — — — _- — — — — rj r^ rJ (N fj <^J r. r--) ni rj r^i r*-, r^, <-<•, rn m i-n O O 

SCOCOCCCOOOCOOCpOOCCOOCOOOCOCOOCXOC OCCOOCOOCCOC 0O0C3O— — 

i~-jrsr-jrjrs(rN|rN|rs|rjr-jr^fN<NrMfNr(<-j rsirjp^r.ir.ii--t rirsr-lr*-! r*-( 

<<<<<<<<<<<<<<<<< <<<<<< <<<< < 

3C3C3CCCCCOC5O0OCCOOCCOC0O0C0OOOCC 3COCOCOCOCOC OCOCQOSC OC 

<<<<<<<<<.<<<<<<<< <<<<<< <<<< < 

'w' L/ "—^ O O 'w- L^ L> O O L^ U L/ O L' '—^ '^ '.w^ O '—/ L' 'w^ '— ' '— ' U o O '— ^ 

ZZZZZZZZZZZZZZZZZ ZZZZZZ ZZZZ Z 

<<<<<<<<<<<<<<<<< <<<<<< <<<< < 

I/-, IV-, </", lA, '/-, ■/-. '/-, v, ly-, ty-. </-, t/-, (/-, '/■, '/-, I/", I/", </", yr, yr. \r. »/", >/-. '/-, "/", "/-. v. v. 



es 






•O P o. 



0^ 

X2 



Q 

Z 

> 

.J 

u 



E 

(U 
3 

o 



-o 






SH 



u. 



g-j 



¥.1 





OS 


00 


OS 


OS 




So 


0^ 


ON 


O O 

z z 


z 


O 
Z 


Z 


a: 
z 


o 


2 






O OS 

— o 


OS 

o 


o 


o 


§ 


o 


o 


0^ 

O 


o 


r^ r*i 


•^ 


rn 


(^ 


m 


r*', 


— 


r^ 


rn 

















on 


CC 00 




on 


a. 


On 


?• 


On 


9^ 


s^ 


9^ 


y^ 


On O; 


ON 


ON 


o 








o 


rn 


m 


m 














r^J 


rv| 




CJ 


rj 


rsj r-j 


rsi 


fN 




























r- 






p- 


r— 


r- 


oo r- 




r- 


o 


O 


C 


o 


O 


C' 


o 


o 


O O' 


O 


o 



>> > ^>> > ^ > ^ > > > 

CO O cjOO C oOcjOC O 

C. Q. n. -H, D. Q. Cl -^, Q.-3i, D- D. D- 

CC n.^CCL Q.^ CX^ CO. D- 

<< < o<< < o<o<< < 



0^ 



c/^ y5 t/5 



C/^ C/s c/1 



ci a: c»: 



oi 
U 
Z 



z 






On On On 






o o o 



Z Z 







































5 

e 


r^ 


r~- 


r- 
































oo 


CC 


CO 


CC 


CC 


OC 


OC 


s 


^ 


— 


— 






(^ 


ir. 


o 


O 


O 


O 


O 


O 


o 


o 


O 


vD 


























r*~i 


■^ 


r^j 


OC 




ri 










ri 


ri 


r\ 


'/*. 








"f 


-f 


-r 


-T 




c 
















a- 


■O' 


o- 


a 


o- 


O^ 


O 


■O- 


0-. 


i-^j 


KT. 






— 


— 


— 


— 


— 








ON 




— 


— 


c^ 


Qi 


CrC 


Qi 


q:: 


ce: 


a: 


o: 


Qi 


a; 


QC 


ce: 


q; 


c^ 


:i: 


cal 


q; 


ce: 


E 


< 


< 


< 


a; 


a: 


C^ 


Qi 


O 


^; 


U 


o 


^ 


L> 


U 


u 


■,; 


■o 


O 


.J 


\J 


O 


■^ 


o 


^ 


o 


■a 


'wl 


O 


O 


U 


u 


^ 


'^ 


Z 


z 


z 


z 


z 


Z 


z 


z 


z 


z 


Z 


z 


Z 


Z 


z 


Z 


z 


z 


z 


Z 


z 


Z 


z 


Z 


z 


_ 


_ 


_ 


_ 





_ 


__ 


__ 





■^ 


r^ 


ON 


O' 


T^ 


ON 


rr 


o- 


o^ 


J- 


o 


o 


o 


(-J 


_ 


o 


yD 


rj 


r--) 


rxj 


r-j 


r--j 


rj 


ri 


rj 


Tst 


p 


o 
















i" 


r-i 






r^ 


5 — 


rj 


rj 



— — r-i 



o 


o 


o 


o 


O' 


o 


c 


— 


— 




o 


o 


r^ 


(^ 


r^ 


rn 


r^ 


r^> 


r', 


r', 


r^, 




o 


o 


< 
oo 


< 

oo 


< 

oo 


< 

oo 


00 


< 

OC 


< 

OC 


< 

OO 


< 

OO 


oo 


< 

OS 





\D ^ NO 



< 


< 


o 
< 


sj 

< 


o 
< 


< 


< 


'^ 


< 


< 


< 


< 


< 


< 


< 


< 


z 


z 


z 


z 


z 


z 


z 


z 


o 
z 


z 


z 


o 
z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 



CC 
o 


CC 
o 


CC 
o 


o 


< 


< 


< 


< 


o 


o 


o 


o 



< < < 

I/-, ly-, ly-, 



o 


o 


< 


< 


u 


o 


z 


z 


< 


< 



o. 
o. 

< 



w > 



£ _ 

•a e o. 






Q. 






•II 









•■C vC 

a: a: 



2: a: 

2 2 



Z Z Z Z 



>0 sC sC 

r-1 fN r^l 

ai 12: a: 

'-> O '^ 

z z z 



g; 
S 



>>> >—>> > > i > 

C-C.C. C-.ii., C.C. C- C- C- C- 
CC-C C-J^CIC- c» c c- c- 

<<<<c<<<<<< 



o 



o 
2; 



r^, rr, OC OC 

C: O OC 3C 

^, ^, oc oc 

2; i: a: :s: 



siciacaiaccia; 2:2^2:^:2:2: 



z z z z z 



000 

r*^ r*-, r*-| 



Z 2 



2 2 



o 
z 



r-i — ^J 



z 



2: 
z 



1-^, r', r^ 



3C — 

2: oi 

z z 



OL OL OL 

'Z ■z -z 

rj ri rj 



2 



0^ 
2 



2 = Z 



;^ _ 



(-J — — 



- E 



r; 2 rj g = O 



— 



5 S 












c: 

















O' 








< 


< 




< 


< 


< 




< 



< 



< 



< 



< 


< 


< 


z 


z 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 



< 



z 
< 



o 
O 



0- O- Q. D- 2- a. C' 



^ — — 



< < < 



z 
< 



z 
< 



< 



< < < < 



■a 





o 




o 


X 


o^ 


u 


. 


Q 




Z. 


d 


** 


T 


u 


n 


> 




h- 


j= 


< 


ou 


u 
s 


o 

i- 


^ 


-o 


s 


il 


u 


■o 




Q. 




3 



1- 










> 

£ 
< 




li 

c > 
^ o ■ 




Text differs 

from 

proposal 


s 
« 

(-1 


SB 


.2 












4^ 


*< 

O' 

H 




If 

it 


< 



^ ^ ^ ^ 



a: 



z z 



r^i r^. r^. 



a: 
z 



z z z 



OC OO 00 00 oc oc oo 



5 S 






< < < < 



fO 



Z 



z 



u 
z 



OS 0\ O^ 



Z Z 



Z Z 



z z 



z z z z 

(^J rj rsi r-i 



z z 



z z 



z z 



a: 

z 



w, 







vr. 


r^, 





rj 


_ 


rg 


_ 


rs| 


<*J 




O' 


o 




O 


o 


o 


o 




c-) 


r-> 


o 










fN 


'^ 


'Tf 


V. 


sD 


i^ 


r~- 


00 


<—' 


o 


o 


o 


O 


o 


o 


O 


O 




<=■ 


o 


< 


x 


cc 


a: 


cc 


u^ 


a 


-<i 


2: 


r-^ 


^ 


a 


rg 


f^-l 


f~-J 


(^-1 


(^-1 


rs] 


fN 


r-l 


rj 


rj 


rj 


1^1 


o 


O 


o 


o 


o 


o 


o 


o 


O 


O 


U 


O 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


^; 


o 


^J 


o 


^J 


u 


^J 


^; 


u 


O 


\-J 


o 


z 


z 


z 


z 


z 


z 


z 


Z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 


<; 


< 


< 


< 



oc — ^, c- 



— ■ = 'X' 






i^ _ 



< < 

z z 

< < 



z 

< 



< < 

z z 

< < 



z 
< 



< < < < < 

o o o o o 

z z z z z 

< < < < < 



< 



z 
< 



a. 
< 






S E 



2 I 

^^ 
< _ 

Q. 

D 



M 






z 



E * 



as 5 



< < 



< < 
2 Z 



^ ^O M5 



oj rsi (N rs) 



so so ^ 



(^1 rj r-j 



cc: 


Qi 


a: 


a: 


(^ 


Qi 


q; 


Qi 


o: 


a: 


o 


I.J 


I.; 


U 


i.J 


o 


■^ 


O 


u 


o 


2 


2 


^ 


Z 


^ 


/i 


2 


Z 


^ 


/i 


sO 


sO 


so 


so 


sO 


so 


sO 


so 


so 


sO 



a: 


Di 


a: 


u 


O 


ij 


2 


:^ 


/: 



a: 


ci 


ct: 


Qi 


a: 


o 


o 


o 


O 


Lj 


^ 


2 


2 


^ 


2 






OC 00 OC OO OO 00 oc 



0^ 


OS 


? 


O^ 


? 


c^ 


5^ 


? 


? 


? 


? 


? 


S^ 


=^ 


S 


S^ 


!a- 


O^ 


O- 


OS 


o~ 


o^ 


o~ 


OS 


a 


OS 


OS 


OS 


OS 


OS 


OS 


OS 



OO OO 00 



< < < < 



< < 






00 00 00 00 OC 00 



a: 
2 



a: 
2 



2 



a: 
2 



a: a: 

2 Z 



o- 


o- 


o- 


o- 


OS 


o- 


o- 


OS 


OS 


OS 


o> 


OS 


o- 


o- 


OS 


OS 


o 


OS 


OS 


OS 


o- 


OS 


o- 


o- 


2i 


cc: 


ai 


a: 


^ 


ai 


-v 


ai 


a: 


a: 


ai 


Qi 


ci 


ai 


ai 


a: 


a: 


ac 


ai 


a; 


a: 


a: 


as 


^ 


'^ 


^ 


^ 


^ 


^ 


^ 


,^ 


^/ 


— > 


^ 


o 


■^ 


-J 


^ 


—J 


^ 


o 


o 


o 


-1 


o 


s^ 


^ 


■^ 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


^ 



r-i rs| r-i r^ 



rj rsj (-^ fsi 



rj r^j r-i r-t ri (^j rsi rsi 









< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


\J 


o 


sJ 


i-J 


O 


O 


O 


^ 


S_J 


'■J 


O 


sJ 


s ^ 


^ 


^^ 


s J 


o 


'^ 


s; 


s J 


•-J 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


;^ 


2 


2 


2 


2 


2 


2 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


-- 


< 


< 


< 


< 


< 


< 



< 

z 


z 


2 


< 
2 


O 
2 


< 


< 


< 


< 


^ 



»/". <y. 





o^ 




o^ 


X 


o^ 


u 


r 




CO 
3 


u 


1- 

n 


> 




H 


x: 


< 


Oh 


^ 


o 


^ 


-C 


^ 


-o 


3 


11 


U 


-n 







a. 
a. 

< 



So 



!= E S 

•a p Q. 
<- i o 



¥ .S 



l,C 



sO sD ^D 



z 






q: tt! a: 
U O O 
z z z 



z 



z 



z z 



c^ 


oi 


Qi 


ai 


Qi 


q: 


la: 


Di 


ai 


O 


O 


'^ 


o 


■wJ 


o 


o 


o 


O 


z 


Z 


z 


Z 


Z 


z 


z 


z 


Z 


sO 


sD 


o 


NO 


NiD 


NO 


NO 


NO 


NO 



00 OC OC OO oo 



oc oe oo 00 



6/L 
6/6 


1 


1 


1 


0^ 


1 


ON 


ON 


1 


1 


1 


2; 

ON 


On 


ON 

o- 


3; 

o- 


ON 


On 


On 

ON 


ON 
On 


ON 


ON 

ON 


1 


1 


On 

On 




— fN 


^ 


^ 


^ 


^ 


3 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


5 






<<<<<< 



< < 



< < 






^1 


rNt 


NO 


(N 


M 


rj 


rj 


rj 


rj 


rj 


(N 


r-4 


rN) 


r^ 


a: 


a: 


ai 


a: 


a: 


a: 


ai 


ai 


a: 


ai 


a: 


a: 


ai 


a: 


z 


z 


z 


z 


Z 


z 


z 


Z 


z 


z 


z 


z 


z 


Z 



a: 
z 



cn) rsi r-i rN4 rg 



r-i rNi fN 



1= 



— o r- 

OC - o 



ai 
O 
Z 



ai a: ai 



z z z z 



z z z 



z z z 



ai a; ai a; a; 

U O '_^ o o 

z z z z z 



a: 



— rj — 



OOOOOO'OOO' 






r-j cnI rNi 






< = 



Z 
< 



z 
< 



< 

00 

o 



Z 
< 



< < 

00 oo 



^n ^ rn rr 2D CC 22 ^ ^ ^ Cu CC C2 C2 CC ^ CC "V 

OCCOOOOOOOOOOcSoC'OOCOOOOC'OCOOOCOCOO 

OOOOOOOOOOOO'OOO'OOO 



< 

U 

z 
< 



N_; 


C J 


o 


o 


i.; 


n; 


nJ 


o 


< 


< 


< 


< 


< 


< 


< 


< 


o 


u 


o 


o 


■o 


^ 


O 


^ 


Z 


z 


z 


z 


z 


Z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 



z 
< 



o 


o 


o 


< 


< 


< 


N^ 


u 


-_) 


z 


z 


z 


< 


< 


< 





o^ 




o- 


X 




Q 

z 


a 


u 




> 




1- 


^ 


< 


SJJ 


_1 


o 




l- 


_> 


JZ 


^ 


-a 


^ 


!LI 


u 


■o 




Q. 




D 



5 






•a p a 






.S ,1. 

z 



i5=- 



a: c 






\0 ■^ ^ 

(N (N fN 

q; o; a: 

o u o 

z z z 






a: 


a: 


c£ 


a: 


a: 


a: 


a; 


Si 


at 


Z 


Z 


Z 


z 


z 


z 


z 


Z 


Z 


vO 


^o 


^c 


nC 


^c 


vC 


sD 


nC 


-c 



z 



00 oo 30 3C ac 



5; 
5 






OO 00 oo oc cc 






< < 



< < < 



"5 



(N (N (N 



a: 



a: a: a; a: ai 



aia:a:a:a:a:a:a: 



Z 2 



Z 

O 



Z Z 2 Z Z 



Z Z Z 2 Z Z 



fNi rN (N 



COO 



.c -c >c ^ 









^o ^ ^ 

(N rN fN 



Z 



a; a: a; 

'^ '^ '^ 

:z. :z: -z. 

^ ^ ^ 



z 

so 



z z 



ai 
Z 



a: 2i ai 
z z z 



r^i rvi fN rj 



-C rj c 



00 


00 


^ 


oo 


OC 

o 


OC 


00 


00 


00 


OC 


OC 


00 


3C 


a: 


OC 


OC 


OC 


cc 


OC 

o 


OC 


OC 

o 


OC 

O 


c 


OC 


OC 


OC 


OC 

o 


>C 


OC 


< 


< 


< 


< 


< 


< 


< 


< 


< 


-J 
< 


< 


^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 




2 


2 


z 


2 


2 


2 


2 


2 


2 


2 


2 


z 


2 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


z 


Z 


z 


z 


Z 


Z 


Z 


< 


< 


< 


< 


< 


< 
ly, 


< 


< 

ly, 


< 


< 


< 


< 




<; 


< 


< 


< 


< 


< 




< 


< 




< 


< 

I/-, 


< 


< 


< 


< 





o 




a- 


X 


o^ 


a 

z 


a-' 


^« 


3 


u 




> 




H 


x: 


< 


-1 


U 


o 


^ 


^ 


^ 


-a 


3 


V 


U 


-a 




Q. 




:d 





o 


ti 

■a 
w 

a. 
o. 
< 








Text differs 

from 

proposal 










a 
« 




s 
o 
















o 


o 






= •1 


If 
i S 


ll 





w, w, ir. "/", v. V". 

\D ^ "njD ^ ^ ^ 
r-J rs (N r-j rj (N 



\0 ^O ^ 



vj5 \0 ^ ^o 



ai 


oi 


a: 


q; 


Qi 


a: 


q: 


a: 


OC 


o: 


Di 


ac 


z 


2 


2 


2 


z 


2 


2 


2 


2 


2 


2 


2 


vD 


so 


so 


so 


so 


sD 


sD 


sD 


so 


so 


so 


so 


2 


2 


2 


::• 


rn 


:2 


r: 


r*-i 


r^j 


::: 


rn 


:2 



O 

2 



2 



a: 



so so so so 



ococooooococccocoo 



oo oo ooooocooooooooooooooooooooocooooococ 



OS 
OS 


OS 


ON 


OS 


OS 


OS 


OS 
OS 


5: 

OS 


OS 

5 


OS 


gs 

OS 


5; 

OS 






0^ 




On C^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


— rs — r-j — rs) — r^ ' — r-j — rs| — r-j — — r-i — 


^ 


^ 


^ 


— r^ 



G O G G 



< < 



> > ^>^>^>^>^>^>^>>„>> 

G p '^ p 'J C t_) p '_) p o p '-> p O P p '_» p p 

D. o. -li, C..H, D.,li, c.,'i o-.H. S..3i, ^.=^ o. C..H., D. a. 

< < 0<0<0<0<0<0<0<<0<< 



o. -c a. 



IT) 

"5 



o 


s 

rN 


o 


o 


o 

Cs] 


o 


o 
rsj 


c 

rj 


o 
rt 


rj 


o 


o 

rsi 


cc: 


ai 


a: 


Qi 


Qi 


a: 


Di 


a: 


a: 


Di 


ai 


q: 




2 


2 


Z 


sJ 

z 


z 


z 


Z 


z 


z 


Z 


2 




rsi 

o 


r4 
o 


rsi 

O 


rsi 
O 


rsi 

o 


rsi 

o 


rj 

o 


r>i 

o 


rsi 

o 


o 


rj 



o 

rt 


r-j 


ri 


a: 


al 


C^ 


z 




Z 


o 


o 


o 



o o o o 



c^ a: oL 



oi 


oi 


oi 


a; 


ce: 


Qi 


q; 


oi 


Di 


ai 


OL 


Qi 


^ 


O 


sJ 


o 


o 


o 


o 


O 


O 


'-J 


O 


o 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 



2 Z 2 Z Z 



so so so 



r^r^ir^rsjr^-immr^'^f^ 



o c 



o o o 



o o c 



O O' w' 



O 



< 



< 



< < 



^ o o 



2 
< 



< 



o o o 



SJ 


O 


O 


s ; 


< 


< 


<■ 


< 


^ 


o 


o 


s; 


2 


2 


2 


2 


< 


< 


< 


< 



o 


o 


o 


o 


s J 


;; 


s; 


O 


< 


< 


< 


< 


-> 


\J 


^J 


O 


2 


2 


2 


2 


< 


< 


< 


< 



OO OC OO OO 





o^ 




O' 


X 


o- 


u 


, 


z 


u^ 

^ 


*■ 


= 


u 


n 


> 


<u 


H 


^ 


< 


oil 

-1 


u 


o 






^ 


^ 


^ 


-a 


u 


m 


u 


-o 




D. 




D 






tS p Q. 







i 





























o 
.Si w 



E* 



E S 



«a. 



5 c 



Di 


Qi 


a: 


o; 


c^ 


q: 


cr: 


a: 


o 


O 


o 


o 


O 


o 


O 


o 


:^ 


^ 


^ 


^ 


-d 


z 


z 


z 






^ ^ ^ 



OO OC GO OC 



O^ o^ o^ o^ o^ 













oo oc 






oo 


f-h 




ON 


ON 


o^ 


ON On 


ON 


0^ 


ON 




















0^ 


ON r- o 


o^ 


ON 


ON 


r- On 


ON 


ON 


ON 



< < < 



> 


> 


> > 


> 


> 


- >■? 




n 


Tj o o 






u O ^ 






.2i, D. D. 








ex 


Cl 


O. 


ri. 


D- 


Cl 


XJ CL D- 


c 


Q. 


J^ o. cu 


< 


< 


O < < 


< 


< 


C < < 



t- ir ^ 



< < < 






oi 


a: 


Qi 


q: 


O 


o 


O 


cj 


z 


z 


z 


z 



cri a: Qi Cti 

u o o o 

z z z z 

rs r-i rj r^ 



00 oo oo oo 00 



oo oo oo 



o 


o 


OS 


OS 


OS 


OS 


OS 


•o- 


OS 


OS 


OS 


OS 


a: 
z 


z 


z 


oi 
O 
Z 


OS 

o 
z 


z 


2i 

z 


z 


U 

z 


a: 
o 
z 


a: 
z 


z 


(^4 


r^ 


rj 


(N 


rj 


(^J 


rj 


r^t 


rvt 


rsi 


rsi 


fN 



r*^ rn f^ 



Os Os Os Os Os 



so so so 
r^ r^ l^ 

OS OS Os 



SO 

o- 



a: 



a: 
z 



z 









a: 
z 






rj r-4 (^J 



o o 
z z 

o c 



oo CO oo 

U 
Z 



z 



so sD sD so 



— rsi — 






ooooo c:;ooo 



< < 



o 


o 


u 


o 


o 


CJ 


o 


o 


< 


< 


< 


< 


< 


< 


< 


< 


^J 


o 


o 


■^ 


^> 


o 


■LJ 


o 


z 


z 


z 


z 


z 


z 


z 


z 


<; 


< 


< 


< 


< 


< 


< 


< 



o 


o 


o 


*■ 


^ 


o 


, 


^ 


.^ 


C^' 


^ 


















o 


















(-s| 


m 


tt 


f 


•ir 








*<^ 




o 


o 


o 


o 


o 


o 


LJ 


o 


























U 


r- 


[^ 


r~ 


r- 








o 


o 


o 


O 


n 


rg 


rsi 


rsi 


rs] 


rsi 


rsi 


c ; 


C; 


s; 


<;,' 




iJ 


•~J 


o 


O 


CJ 


o 


< 


< 


< 




< 


< 


< 


< 


< 


< 


< 


^; 


'-.J 


^ 


s 
c 


^ 


o 


■-J 


'^ 


o 


u 


^ 


z 


z 


Z 


z 


Z 


z 


z 


z 


z 


z 


< 


< 


< 


w 


< 


< 


< 


< 


< 


< 


< 



o — c: o 






< 



Z 
< 



< < 



< 



ir, ly", 



< < 





o~ 




o^ 


X 


o^ 


u 


. 




0-- 

i: 


*■ 


3 


u 


,5 


> 





-J p 



^ -o 

U -a 
c 









1. 

0.1 

x: 
5 


5 
Of 
T3 

g 

o. 
o. 

< 














Text differs 

from 

proposal 


s 




e 
c 








"m a.* 


o ^ 
Z 








a - 

N 


01 1* 

c ^ 

(5 a. 




< 



(J 



z 



< 



r- 






o 


o~ 


fN 


a- 


^ 


ai 


ai 


Ci 


a; 


a: 


Z 


z 


z 


Z 


z 



oc oc oc oc 



OS 

Di cr; q; 
o o u 
z: z z 



z z 



z z 



is: 
u 
z 



u 

Z 



r-j r-i rj 



Z 



OC 00 OO OO 

a: ct: o; a: 

o u u o 

z z z z 



\C ^ ^ 



a: 

z 






2- ^ 
— o 



a; a: 
z z 



a; 
Z 



z z 



a: 


Oi 


OL 


ai 


■~i 


^; 


o 


■o 


z 


Z 


z 


z 






< < 

O '-J 

z z 

< < 



< < 



< 



z 
< 









c 




c; 








o 


o 




o 


o 






o 


c 


o 


o 


o 




D 




< 










r-l 


rj 


n 






IN 




r*-i 










■a- 


c 


^«^ 


o 


o 


o 


O' 


O' 


o 


o 




o 


O 


O' 


o 


^ 


o 


o 


o 


- 


^. 


— 




— 


T- 


^ 


~^ 


^ 


^r\ 


rf^ 


~ 


■^ 


~ 


~- 


n-> 


2 


'-.J 


O 


'^ 


^ 


r- 


r- 


r~~- 




1 


— 


o 


C; 


o 


c: 


;3; 


— 


— 


o 


O 


o 


o 










rg 


rj 


rj 




— 


— 


— 


— 


— 


— 


— 


— 


— 


— 


•~ 


— 


~~ 


— 


— 


— 


^J 


O 


LJ 


c 




^ ; 


w 


^ 


'. > 


^ 


O 


^J 


^ 


■^ 


^ 


>> 


o 


o 


<J 


O 


_J 


< 


< 


< 


u 


o 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


O 


O 


O 


Q£ 




o 


'-.' 


o 


o 


U 


O 


O 


-1 


o 


-J 


-; 


^ 


o 


^ 


■o 


^ 


Z 


:z 


Z 


-"^ 


o 


z 


z 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


Z 


z 


Z 


< 


< 


< 




^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


<^ 


< 


< 


< 


< 


< 



U 
Q 
Z 



> 



3 

O 



■D 
D. 
3 







5 


S 

-a 

> 

£ 

a 

< 


>■ 

> 


U 

c 
u 

> 
c 




Text differs 

from 

proposal 


3 


Q 


s 


II 


Ml 

z 




0£. Oft 

E S 

i S 


1 § 



— rv] 



— O 



Z 



a: 
z 













c^ 


O' 


ON 


cr 


y^ 


<^j 


o^ 




<~n 


r- 






















o 




ur-, 


r- 


r-A 




— 


O' 


C' 





s 

Cl 



< < 



c < 



90 



fN 


fN 


00 


oc 


C' 


<N 


oo 


o 


sc 


^^ 


f> 


■^ 


■^ 


o 


t> 


Tf 


rg 


TT 


-3- 


■^ 


o 


o- 




^ 


o 


r^ 


0-. 


a: 


a: 


a: 


oi 


o^ 


o: 


ci: 


cx: 


a: 


o 


^j 


^ 


u 


U 


u 


o 


o 


^y 


z 


Z 


Z 


Z 


Z 


z 


z 


z 


Z 


iTi 


I/-! 


fN 


rj 


fN 


I/-1 


rs| 


Tj- 


r>) 


o 


o 








o 




rs) 





< 
z 



_ 


fN 


f, 


o 


o 


_ 


v^ 


(N 


o 


so 


vO 




— 


(N 


o^ 






— 


Di 


a: 


a: 


Di 


ac 


q:: 


o 


>.; 


o 


o 


U 


o 


z 


z 


z 


z 


Z 


z 


^o 




n: 


r- 


r^ 


^ 



u u 

z z 



— OfNsOfN — r- r^ 



OC 


-r 


— "^ 




rj 




t/", 


ri 


rj (^1 


— 


(^J 


— rvj 


a: 


Q^ 


a: a: 


o 


o 


O O 


z 


z 


z z 






oc — — 



— oc 






£:v; :i; a: a; cii ai c^ 

L^ U O '^ ^ '-> L> 

:z :z: :z: :z: :z: :z: :z 



o — — <o — o — — — 



cr: 


cs: 


Qi 


o 


o 


o 


z 


z 


z 



rl rl 

z z 



o 3 o 






CJ 


u 


o 


c; 


V ; 


c ; 


w 


C; 


I.) 


Q 


Q 


Q 


o 


o 


c 


o 


O 


o 


o 


o 


o 


o 


o 


o 



< < < < 



z 

< 



z z 

< < 



z 
< 



z z 

< < 



< < 



< 


^ 


< 


z 


z 


z 


< 


< 


< 



o o o o 



^ ^ ^ 
< < < 



Z 
< 





On 




On 


X 


ON 


Q 
Z 


0-' 


■■ 


D 


u 


n 


> 




H 


_c 


< 


01) 


U 


o 


Ui 


.c 


S 


■o 


US 


o 


u 


-n 




CL 




D 





1. 
JS 

6 










a 

•a 

1 

a. 
o. 

< 


1 £ 








Text differ 

from 

proposal 


1/3 

s 


SB 


a 
















O 

z 








f- 








5? .2 
-< 





— 


rn 


i/~* 


r^ 


0^ 


— 


— 1 


Di 


OL 


a: 


Di 


a: 


Ci; 


C^ 


z 


z 


z 


z 




^ 
2 


Z 


O 


o 




g 


rj 


r^ 


^ 


r^ 


U- 


2 


l-n 


rn 


r^ 


rn 



u 

2 



uj O < 






oe 



"y, 



NO ON 

1^, 

z z 

— o 



a; 
z 






(J 



a: 






o: 


cr: 


Di 


Qi 


:i; 






q; 


q; 


















hJ 


o 


'^ 


^ 


^ 


^ 






^ 


o 


H 
H 

-J 
















z 


z 


z 


z 


z 






z 


z 
















of 


,^ 


pr-, 


— 


r*"y 


r~- 






o^ 


o 
















— 


o 


, — 


— 


o 








o 
















O 




o 


— 




rj 


"/". 


r^ 




















•< 

a. 


ri 














U-, 






























1-^, 


m 


<-^i 




o 
















f- 


^ 


o 


o 


O' 




o 


O 


O 




































L> 


a 


o 


o 


o 


'J 


o 




; : 


u_ 


■ T 


U- 


U- 


a_ 


U- 


U- 


^ 




<" 


•^ 


< 


<r' 


<■ 


<■ 


< 


O 


c; 


c: 


o 


O' 


o 


o 


O' 


o 


O 


t/3 


















































< 


o 


O 


O 


u 


W 


O 


O 


o 


O 


U 


OXJ 


&lj 


OJJ 


"5j 


T;j 






< 


< 


< 


< 


< 


< 


< 


< 


< 




oi 


a: 


a: 


:^ 


ce: 


ai 


OL 


Z 


Z 


z 


Z 


Z 


Z 


Z 


Z 


z 


U 




n 


c 






c 


c 


u 
z 

bj 


< 




< 


< 
IT. 


< 


< 

ur. 


< 


< 


< 

"V, 


< 
Z. 


> 


> 


> 


c 
> 


> 


> 


> 




















b. 
















O 



Q 


Vi 




















Qi 


al 




















<? 


z 




















o 


sD 




















CQ 


O 




















O 


r^, 




















Z, 






















^N 






















c« 






















>', 




r- 


r- 


o 


r- 


r~~ 


i^ 


[^ 


r- 


r- 


U 










































U 




rj 


ri 


— 


r i 


ri 


n 


ri 


(-J 


r-i 


hJ 




C^ 


ce: 


ct 


C^ 


a; 


q; 


d:: 


Qi 


a: 




o 


o 


O 


O 


■>; 


^J 


^ 


O 


■^ 


Of 




z 


z 


Z 


z 


z 


Z 


z 


z 


z 




00 


00 


r^i 


oc 


oo 


00 


00 


oc 


CO 


o 




rj 


rj 


— 


rg 


rxi 


rj 


rt 


n 


rj 


H 




— 


~ 


— 


— 


— 


— 


— 


— 


— 



On On ON 



< < 



< 



< < 



< 



z z 



■o o 'O o 






t _ 

^ c o 

^ i o 



o 
U 

Z !- 

>'^ 
< ^ 

^^ 
n. 



s 



o ' 



a -3 



?.i 






a: 




a:: 


a: 


r^ 

CC 


o; 


a: 


fx: 


'^^ 


■^ 


O 


u 


O 


o 


o 


o 


>d 


4. 


^ 


^ 


;<i 


^ 


^ 


^ 


_ 


•o 


r^ 


r- 


t> 


ir^ 


vO 


^o 


o 


o 


o 


o 


o 


— 






r*-i 


r«^ 


r«-) 


r*^ 


r^ 


r^ 


^ 


^ 



\0 VO >sO \o 
fS fN fN (N 



U 
2 



a: 

o 
z 



^c ^ ^o 



oc oe oc 

Ov Qs Q\ 
O^ r~ 0^ 



C — , C 



i c a. 
^ c c 
C < < 



O 



si 
Z 



o o o o 



O 
Z 



Z 









r/^ 








Q£ 








TtI 


_ 


_ 


_ 


n 


I^J 


r\ 


r 1 


fY 


2:. 


Z:C 


DC 


o 


wJ 


'^ 


^ 


^ 


^ 


^ 


u 


oc 


oc 


OC 


> 


rj 


r~i 


ri 













h- 












_. 




X 




— 




UJ 



_ _ _ — , o- 



vO 



O — 



o o o 



< < 

Z z 



t e= != fc: fc S= S: fe 

y^UJLJJLUuUUUJUJLU 
Q r', r^, r^, r-, t:J- Tt -tT -TT 

r^ '~t "~i '-> '_> '^ u -J '-» 
^E£S = £££S 
OZZZZZZZZ_ 

O = 





^o 




rr-_ 


,-*-, 


r^ 


r- 


r- 


oc 


r-- 


,-1- 


>-'' 


r^^ 


r', 


r*", 


"v-. 




r- 


r- 












r- 






r~- 


r- 






oc 


oc 


oc 


oc 


oc 




oc 


oc 


yz 


OC 


oc 


oc 


U 


i~l 














— 








— 






> 


:ii 




2i 


:i; 


•^ 


Di 


-v 


ai 


a; 


2i 


ai 


-v' 


ry 


a: 










;_y 


^_/ 


^ 


^ 


o 




^ 


^' 


^J 


o 


Of 


Z 




Z 


z 


z 


Z 


Z 


Z 


^. 


-^ 


^ 


^ 


jL 


^ 


u 


m 




_ 





^ 


-T 


-T 


-T 


■^ 





— 


— 


— 


^. 


c« 


fN 




rj 


r-j 


(~J 


r-4 


rj 






r\ 


r\ 


ri 


r-i 


r-\ 


Z 


O 


o 


r-j 


r-j 


— 


— 


— 


— 


— 


r\ 


ri 


r\ 


r\ 


f^\ 


< 




X 




























































r-j 


U", 


rv| 


-T 


"/", 


Wi 


yr. 




f^l 




rj 






E 


o 


o 


o 


O 


o 




<r. 










O 


X 






1-*^ 


nC 


^ 


^ 


r- 


r- 


~o 


^ 


-C 




r- 






o 




o 


o 


o 


O 


O' 












a 
7 




w 


ID 


^ 


- 


;^ 


^ 


— 


:j 


- 


- 


- 


:d 


D 


r^ 






rn 




1-^ 


f^ 


r-i 


r*-, 




rn 


1-^, 


r^) 


f*-i 


•< 


r^ 


« 


O 


O 


o 


O 


o 


O 


O 


O 




o 


O 




I 




w 


■'.J 


O 


o 


O 


u 


O 


o 


^ 


w' 


O 


o 


U 


< 


>-, 


<■ 


<■ 


<^ 


<■ 


<■ 


< 


< 


< 


<" 


<r 


< 


<■ 


f- 






-_; 


^ 


o 


O 


O 


o 


u 


O 


o 


■^-^ 


o 


o 


^ 


ll 


■" 


Z 


Z 


^ 


Z 


Z 


-d 


-ii 


;^ 


/L 


z 


^ 


z 


;^ . 




X 


^ 


^ 


c 


o 


^ 


^ 


X 


o 


^ 


;i:^ 


o 



- I 

% "I- 



5 


"3 

■a 

> 

£ 

Q. 
< 




Text differs 

from 

proposal 


s 

X 

(J 

o: 
a: 


0^ 

a 


a 

o 

< 




© 

z 






Is 

1= 



— « xO 



a: 


a: 


a: 


u 


u 


O 


z. 


Z 


Z 


r*^ 


(N 


\n 


O 


o 


o 



^ \C 'sD 



o 


o 


o 


o 


^ 


X 


z 


/i 



o 
z 



2 



u 
Z 



sO nO ^ 



^o ^ -^ 



OG CC CC 






9^ 



O^ r-- os r~- o~. o^ 






1) OJ u u u u 

> > > ^>^>> 

£ £ £ '^£'-'££ 

Cl CL CL -Si CL.^ O- Cl 

< < < o<o<< 



o < 



< 



on on c/D c/D 00 



on c/} 00 v:; 



y? ^ 



O^ 0^ O^ O^ ^ 



Di 


oi 


a: 


ai 


a: 


ai 


ai 


a: 


ca 


z 


Z 


Z 


Z 


z 


2 


Z 


z 


z 


o 


o 


o 


o 


o 




o 


o 





u 
Z 



cc: 


Qi 


oi 


a; 


o 


o 


^ 




z 


z 


Z 


z 



OC 



3C 00 



'■u O O O O O O O U U O O L/ '._; O O U 

:z, :z, -z. '7. :z- :z- 'z. z zzzz zz zzz 

________ _ _____ _— ^^^ 

r-i t^j r4 r-i rs r>i rj rj ri r-j p-^ fN r-i r^i _ _ _ 

<^l r-4 r-j rs rs r-i <^J rj r^j rv) cni r-^ cm r-j r^ ni m 

oo — r^r'-i'rtir-, -vo r^occo — ri ooo-o 

OOOOOOO O OOO— — — c_ — — r^i 

0«v-. Qoocoooooo oo oooooocc ccocoTt-r-^ 

f^i r-j f-j rj rj r^ rj rj ^^ r-l r--) (N (--i r-j ^ o O O 

r^ <-*-, f^, r*-, f*-, rn r*-i rn r'l r*", r*-j r^, r*^ i~^ t — — — 

O'OOOOOO' O OOOO OOqOOO 

<<<<<<< < <<<< <<t<<< 

zzzzzzz z zzzz zzgzzz 

OOOOOOO' o O' o o O' o o t: ^ "^ '^ 





a. 

1^ 




3 


1^ 












w 


**: 


C' 
















Orf 


n 












01 


















E 


J: 


o 
c 
E 


oc 

o 












« 


c^ 


r\ 














c^ 
















-3 


c^ 


™ 














< 


^ 






















■n- 


i-*~j 


1/-. 


r-', 


-t 






_o 


ri 


^ 


<: 


r~- 


r^ 


0^ 


a. 




i^ 


Di 


ct; 


C^ 


Ct 


a; 


o 


u 


■a 


r^i 














4.1 




























k 


n 


O 


n 


■^ J 


c J 


C J 


C J 


'^J 


y; 


V 


> 


<■ 


<" 


< 


<• 


<" 




;^ 


u 


O 


'^j 


o 


■^ 


w' 


j^ 


u 


A 


^ 


-^ 


z 


z 


z 


Z 


— 


^ 


s 






^, 


,■ — ■ 


o 


". 


C«i 


w 


^ 






' — 


— 


— 


_ 





o- 




o- 


X 


o- 




a-' 

re 

3 


u 


n 


> 


i> 






f- 


-C 


^ 


2Jj 

3 



-J p 






a. 

Q. 

< 






« a 



oH 
z: 



¥.9 



\0 '•D ^ \D 



a:. 
o 
z 



Q:; 


q: 


ai 


o: 


£ii 




z 


Z 


z 


z 


T 


'^ 


T 


rt 


■rr 


-^ 


::; 


r^ 


:: 


i 



00 00 oc 



r-1 (N r-i rv] (N 



< < 



< < 



fS 

■* 



LU LiJ LL) LU LU 
t/^ c/} iA ;/} c/: 



C/5 C/5 c/^ v^ v^ 



oc 



oc 



Z Z 



a; a: 

z z 



a: 
z 



Z 



i^ ct: a: a: a: 
-1 o O U O 
z z z z z 



o o 



— 


r^, 














C 


— . 


— 


— 


_ 


— 






















r^. 








-T 


r- 


cc 


DC 


oo 


00 


oo 


00 


— - 




-T 




-r 


t 


— 


— 


-T 


^ 


-^ 


-t 


'T 


-r 


— 




^ 




— 


— 


Ct 


C^ 


q: 


CiC 


Di 


Oi 


c^ 


:i: 


C£l 


ar 


a; 


C^ 


a: 


Cli 


o 


U 


o 


^ 


-J 


w- 


^ 


-— ' 


'^ 


•~^ 


•~j 


■^ 


^ 


^ 


^ 


z 


z 


z 


^ 


z 


Z 


Z 


z 


z 


z 


Z 


z 


Z 


tr, 


ri 


^c 


^c 


^ 


^ 


•c 


sO 


-T 


ly. 


w, 


•A. 


IT. 


ir^, 


— 


r] 








o 








— 


— 


— 


— 


— 


n 


— 


ri 


r-i 


r-j 


rj 


rA 


rj 


— 


rj 


ri 


<~s] 


rsi 


rs 



o 
z 



(N (N fN rj 



a: 



w, 


rj 


rr-, 




r^, 


r*-, 


V. 


— 





o 




















f^ 


r^ 


■^' 


O 


.-f 




r^ 


r^ 


o 


o 


o 


^ 


a: 


a; 


a; 


£2: 


a; 


ac 


^. 






a: 


Qi 


a: 


a: 


r^ 


(^ 


rn 


r^ 


rn 


rn 


rn 


r^ 


r^ 


r^ 


O 


o 


o 


O 


o 


O 


o 


O 


O 


o 


U 


\J 


;; 


O 


C J 


C J 


^ 


O 


U 


;; 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


•u 


■o 


o 


o 


■^J 


O 


-~J 


>J 


>; 


^ 


Z 


Z 


Z 


z 


z 


z 


Z 


z 


z 


z 



(-*-( -:J- IV-. ir, 

O O O O 



— — ri 



a: 
o 


ai 
o 


a: 
o 


a: 

C5 


< 


< 


< 


< 



a: ai o: a: o: 



^ :a: a: 



o 
< 



< 



o o 



< < 



z z 



o o o 



c: o o 



bi ■ 

Q. 
3 



5 


OS 

■o 

> 

£ 

a. 
o. 




Text differs 

from 

proposal 


6« 

s 

R 


a 

Q 


a 
w 

< 






Mi 

a. ^ 


c 
2: 


eg 
E =^ 







sC ^ ^ ^G ^O 



^ ^ \0 



cj; Di oi a: 
o o o u 
z z z z 






2 



o 


o 


o 


u 


^; 


o 


o 


o 


o 


cj 


; J 


2 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 



OC 00 OO OO 00 cc 
Q\ Q\ Os Q\ O^ Ov 



r>) (N rsj rj rj rv) 



O^Q^O^O^O^O^^G^O^ 



OO 00 00 OC OO 



Qn ^ Ov 0^ (^ 0^ 0^ Qs 



^^^r^l(N^^lrs^stNr^lr^^<Nrs^ 



> — *- > > > 

C o o o o o 

l_ Orf b I- >- i_ 

c^ •:r '^r Ci. a. o. 



-c ^ _ 
C O < 



< < 



< < < < 



< < < < 



fO 



c^ c/5 c/: 



a: 
U 
Z 



O 



z z 



a: 
z 



Oi Cri q; 
o O O 

z z z 



ci 


ai 


Ci 


q; 


en 


Z 


Z 


2 


Z 


Z 


O 


O 


o 


o 





r<-i r^ r»-) 



'~J '-I 

z z 



Qi a: (^ 
o o o 



cs: q: q: Di a; Qi a: 
Cj o o o o o o 
2 z z z z z z 



Ci 


Qi 


Qi 


Qi 


ai 


Z 


Z 


Z 


z 


Z 



o 


o 


o 


o 


— 


— 


— 


— 


— 


— 


— 


— 


— 


— 


rj 


rvi 


rl 


r-i 


rg 


ri 


rj 


r-I 


rj 


(^ 


r^. 


r*"i 


r*"i 


^. 


^ 


^ 


^o 


^ 


sO 


-c 


sC 


-c 


^ 


-c 


^ 


nC 


~c 


■j; 


sC' 


j; 


^ 


sC 


>c 


sC 


■-c 


sC 


s: 


-::. 


O 


■a 


^ 


^c 


a: 
o 


a: 

d 


ai 

d 


a: 

o 


o 


ai 
d 


ai 

d 


ai 

d 


ai 


ci 


ai 
d 


Qi 


a: 


cc 


ac 

d 


a: 


ai 


CC 

d 




^ 

1^. 


ai 


ai 

C 


OL 


d 


ai 

d 


ai 

O 


a; 
d 


cc 

d 


< 

z 


< 

z 


< 

o 
z 


Cj 

< 
z 


< 
Z 


< 

z 


< 

z 


< 

z 


< 

z 


Z 


< 

z 


< 

z 


< 
z 


< 

z 


z 


< 

z 


< 

z 


< 
Z 


< 
Z 


< 

z 


< 

z 


< 

z 


< 
2 


< 

2 


< 
2 


< 

z 


< 

o 

2 


< 
O 
2 


^ 


^ 


o 


o 


E 


E 


o 


o 


E 


o 


o 


s 


o 


£ 


E 


E 


£ 


E 


E 


o 


o 


O' 


E 


E 


E 


o 


o 


^ 





o- 




Os 


X 


— 


Q 


0-' 


Z 


c: 


^" 


3 


u 


n 


> 


LL. 


H 


.n 


<(; 


on 


_j 


o 


3 


x: 


^ 


■o 


:j 


OJ 


u 


-n 




a. 




D 



a. 



is o 



= S S 
•a e o. 



E =* 



EC* 



¥.1 



&,w 






o^ a^ o^ 



rj rvi r^i rNi rj 






OO OO 00 00 oo oo 



Z Z 



Z Z 



q: 


a: 


a: 


c< 


Qi 


Di 


a: 


Qi 


Oi 


a: 


ai 


Di 


a: 


ai 


Ci 


Qi 


a: 


CC 


a: 


ci 


ai 


Di 


ai 


Di 


ei 


z 


Z 


z 


z 


z 


Z 


Z 


z 


Z 


z 


Z 


o 
z 


Z 


Z 


z 


Z 


z 


Z 


z 


o 
z 


Z 


z 


Z 


z 


Z 


lyj 


V-. 


'/", 


ly, 


V-, 


w, 


IT, 


ly-, 


^ 


Tf 


TT- 


t 


^ 


Tt 


T 


•-t 


^ 


■^ 


•^ 


■T 


-r 


t 


rt 


-t 


•^ 



r-i m rn 



— — r^ 



c> o — 



3 


3 


sC 


^c 


^ 


^' 


M^ 


^o 


n 

^ 


r-1 




O 


O 


a: 

O 


a; 

o 


a; 

O 


Qi 
O 


o 


< 


< 


< 


u 
< 


< 


< 


< 


< 


< 


z 


z 


Z 


o 


z 


z 


z 


z 


z 


o 


O' 


O' 


o 


c: 


o 


o 


o 


o 



O O 
(^4 rs| 


o 


o 


rj 


f^J 


o 


fN 


(N 


CN 


rs 


(N 


fN 


(^J 


rj 


fN 


FN) 


^ ^ 


vC 


^ 


^ 


sO 


o 


^ 


vO 


^ 


vD 


vD 


xC 


sC 


■C 


.c 


vC 


cr: a: 


a: 


o: 


a: 


crC 


a: 


a: 


Qi 


cc 


r^ 


a; 


q: 


OS 


a: 


Di 


Di 






(^ 


















r*-| 




rn 


rn 


rn 


o o 


o 


o 


o 


o 


o 


o 


o 


o 




o 


O 


o 


O 


o 


O 


O O 


C; 


C; 


C; 


O 


C J 


cj 


U 


O 


O 


!.J 


O 


u 


"-J 


o 


o 


< < 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


o o 


^J 


..; 


i-j 


O 


i-j 


o 


o 


u 


O 


o 


O 


^ 


^ 


O 


o 


z z 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


z 


Z 


z 



O O O O O O' 



OS 

•a 



!=o 



t _ 



0^ 

X2 



z 
u 



a-' 
& 

3 
Xl 

Ll. 

O 




-a 

13 
-a 

Cl 



Si 



-sf- 






¥1 



-a: 



r-4 — 




u o 

2 2 


o 

2 


^ T^r 


'a- 


m m 


r*-| 



o < < < 






2 



O O O O O O O O O 
222Z2ZZZZ 






2 2 






o 
z 



C^ Q- — 



OC 


q:: 


q:: 


CC 






^ 
2 




r-1 
r-j 




■^ 


-1- 


ri 


rj 


r^, 


rn 



rA r-j rj 



^ ^ ^. 



ti: 


a: 


ai 


a: 


Di 


Cii 


ca: 


a: 


a: 


a: 


c^ 


a: 


q: 


a: 


Qi 


Qi 


Qi 


OL 


Qi 


o: 


cc: 




r^, 


r<-, 




r*l 


r*-, 






r*". 


f^i 
















r*^ 


"-^ 


r^ 


r*-i 


o 


o 


O 


o 


O 


O 


O' 


O' 


O 


o 


o 


o 


O' 


o 


O 


O' 


O 


O' 


C 


o 


O 


CJ 


C J 


C; 


o 


O 




'-i 


O 


C J 


o 


O 


O 


O 


O 


O 


O 


O 


o 


O 


O 


O 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


o 


^ 


o 






O 


o 




o 


o 


O 


o 


^ 


o 


o 


o 


o 


'U 


'w' 


u 


■O 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 



< < < < 

^ \0 "vO ^ 



< < < 



< 



£ < 



o. 

< 






■3 p o. 
>^ in 



C 

u • 
U -§ 

D. 



85 1| 



Z 



S-1 



— I. 



^ sD sO 



u 
z 

















— 


— 


— 


— 


— 


^ 


— 


a: 


Qi 


Qi 


a; 


Oi 


Di 


a: 


^ 


w' 


O 


o 


w 


O 


w/ 


^ 


-d 


Z 


z 


z 


z 


^ 


-r 


-r 


rr 


TT 


■^ 


-rf 


T 


r*1 


r^j 


::j 


l~^l 


:2 


"^J 


::; 



o o 
z z 



u 
z 



rs rj rg 



> it 



< < 



rj — r-- 



— > > 

'-> ? ? 
.2.. ^ c. 
J^ c c 
C < < 



SO 






O- 3- 

"A, 1/-. 

a: a; 

Z Z 

o o 



z 



ai 
Z 



a: 

z 



00 — 



m r*^ rn r*^ 



^ 


^ 


r- 


t^ r', 


^ 


r^ 


(^ 


r^i 


r^ 






ri 


— 


— 




■J 1^ 


— 




a: 


Ci 


cc: 


l£ 


Qi 


a; 


o 


s^ 


o 


^ 


w* 


z 


Z 


z 


LU Z 


4L 


-dl 



ci a:: 2i 



— — o 



rj 1J rj — 



_ 


OC 


cc 


— 


— 


— 


— 


— 


— 


— 


— 


_ 


•^ 


-1- 


— 


' — 


i^ 


(^ 


^ 


oi 


ct: 


CL 


C^ 


2c: 


C^ 


cr; 


q; 


a: 


a: 


Ci 


ce: 


cr: 


a: 


ai 


a: 


:^ 


o 
2 


Z 


z 


z 


Z 


z 


Z 


z 


z 


z 


z 


Z 


z 


z 


z 


Z 


z 


z 


■^ 


~ 


~ 




o 


o 










rj 
n 


f~4 


cc 


£ 


-r 


■^ 


2; 


2 


(^ 


<^) 


f*". 


r^i 


n 


(N 


nj 


fS 


ri 


f\ 


rj 


r'j 


ri 


v. 


— 


— 


rj 


rj 



1:2: 

O 

z 






CJ 


u 


<■ 


< 








z 


z 


< 


< 



0^ 


f^J 



< 



< 


z 




z 


< 


< 



o 

- < 



< 



rJ 



fN 



z z 

< < 



c 





c 




,^ 


,— ^ 









— , 


















— 





















0.1 




















<-> 


< 


< 


< 


u 
















•:f 


T 


■^ 


n 


«n 


r^ 


X 


X 


~ 


X 


X 








sC 


>sC 


so 


sD 


so 


so 


sO 








v: 


<^] 


r^ 


(N 


rs 


cj 


(N 


^^l 


<■ 


<■ 


<" 




■^ 


^ 

















■^ 


^ 


■^ 


< 


< 


< 


< 


< 


< 


< 


< 


/ 


/ 


/ 


_ 


:;_/ 


■w* 




w* 


s_; 


■^ 





< 


< 


< 


c^ 


Z 


Z 


z 


Z 


Z 


z 


Z 



< 

z 





o 




o 


X 


On 


z 


OV 

ca 

E 

n 


> 


1) 


H 


-C 


< 


-1 


U 


o 


D 


^ 


^ 


-o 


=} 


<u 


U 


-a 




D. 




D 



o 
u 
p. 
a. 
-< 






!= E S 
Tj p a 

H 























V 



fa: 



Eu 
4^ 






O iy-» O ly-i 



O. "^> Q_ "O 



0- 




-S 


o a: o 


a: 


E 

o 


o 


E '-' 


o o o 


o 


^ 


o Z 


1=2^ 


-d 


o 


■r, 


O ur, 


n U-, n 


'n 


^ 


O 


^ O 


^ o i> 


o 


X 




X r^ 


X r^-, X 




UJ 




tu — 


UJ ^ UJ 





O 

z 



X.' D- 

o < 



t^ 
■^ 



z 



' — >y> 

ai Hi 

z z 



00 00 00 

l^i — ~- 



^ >0 ^ sD 






z 



z z 



a: 
o 



o 
z 

1> 



■< — 

CO ^ 



Qi 


ai. 


ci 


Di 


U 


O 


1..; 


I.J 


z 


Z 


Z 


z 



f-t ^ ^ 



a: 
z 



rn 


-T 


t 


— 


T 


-i- 


— 1 


rl 


_ 


ci 


a: 


Qi 


a: 


q: 


ct: 


ct: 


Di 


Qi 


Z 


Z 


z 


z 


z 


z 


z 


z 


z 


O 




o 


rl 


o 


o 


O 


O 


o 



z z 



oi 


q: 


Qi 


Di 


u 


o 


o 


o 


Z 


z 


Z 


z 


On 


ON 


ON 


On 






— _ r-j 



3: _ N^ ji 

NO '^O ^ NO 



S 5 



< 
u 
z 



^ lo o 

< < < 

o u o 
z 



z z 



< 



o 

O 


o 

O 


o 

NO 


rl 
ri 


ri 

O 


i^i 


o 


1 

F 


ly-, 


rj 


2 


2 

NO 


< 

o 


CQ 
o 


CO 

c 


o 


ca 
o 




O 


o 


< 


< 


< 


< 


< 


< 


< 


< 


< 


Z 


NJ 

z 


z 


z 


z 


z 


Z 




z 


z 


o 


o 


o 


o 


o 


o 


o 




o 


c 
















i, 

s 







> > 



; ; 


- 


; J 


C; 


CJ 


< 


< 


< 


< 


< 


^ 


o 


^^ 


o 


o 


z 


z 


z 


Z 


z 





On 




e> 


X 


c^ 


u 


. 




£ 


■^ 


3 


u 


O 


> 




1- 


-C 


>< 


3U 
-I 


^ 
p 


2 


^ 


■o 


U) 


o 


u 


■n 




c 



1- 
x: 
5 




■a 
1 
















11 


5 


Text differs 

from 

proposal 




S 




St 


e 
< 




Mi 














O 

2 


n 


•If 

m -a 
B t 


1.1 



u 

z 

o 



a. 


nC 


^c 


a- 


ci 


a: 


Qi 


a; 


Z 


z 


Z 


z 


o 


^ 


'^ 


r-i 



s 



»y". W-, I — 



c .ii c 
c x; c 
< C < 






< 



ocr-oei^oer~t3or^ 



U 
Z 



a: k: a:: 



z z 



a: 
O 
Z 



^-J s_y 



^ 3C -r OC T OC T 

is: 2i ai ai ^ a: 

^ — ' ^ ^ ^ 

z z z z z 



oo r- oo r- 

*-*-, ly-j r', ly, 

Tj- 00 -r cc 

a: a; ai a: a: a; 



z z z z z 









.c -c n 



ai a: 
z z 



as 
Z 



< 

z 



z z 



a: 

Z 



-v- (-• 



z z 



\c o — 



■a 

s 



sC — r-j 
c: c: o 
c: r-J rj 



o — — 



> :c := ^ < 



r^ — r^. 



u 


^ 


\J 


^ 


^ 


o 


■^ 


o 


< 


< 


< 


< 


< 




< 


< 


o 


o 


o 


u 


o 


u 


■^ 


vj 


z 


z 


z 


z 


z 


"S 


z 


z 



< 



< 

u 
z 



< 

< 



< 

Z 



< < 

z z 



z 








o 




o- 


X 


o^ 


u 


r 


Q 


& 


Z 


•"• 




u 


o 


> 




h- 


.c 


< 


-1 


u 


o 


U) 


x: 


^ 


-a 


D 


OJ 


u 


-n 




Q. 



5 


S 

OS 

T3 

4.) 

> 

o 

Q. 

a 
< 




Text differs 

from 

proposal 


s 
"3 


V 

s 






h 




11 


¥ .2 

c .t: 






00 r~- 00 r^ oo 
m U-, r*-i v, r*-, 

-tt oo rr oc 



r-~ 00 r^ DO r-- oo i^ 

r*", iy~i r^, w, r^i "/". r*-, ly-, 
"^CC-rOCTOO-i-OC-TfOO-Tl-OO-l'OOTOC'^OC^ 



r^ oc r- oo r-~ oo r-^ 

r*-i U-. m "V. m Wi r^ "J*. ^^. Vi 

■ " ■OO-^CCTtCOrtOO 



. r*-, I/-, r*-^ ur, 

•^ooT&oToc-roCTtoc 

O O O O '_^ U 's-^ ^ ^ w L> U O O O O O L^ O O O O '^ O ^ O U O O O Lj L> O O O U Lj ^ O O O L; O 
ZZZZZZZZZ2ZZZZZZZZ2ZZZZZ2ZZZZZZZZZZZ222ZZZZ 
I/-, ^ I/-J ^ ly-, ^ y-, .— 1/-, — tr, — IT, — tr. ^ »y-j ^ «/-, — IV-. — I/-, ^ I/-, — I/-, — ly", — "y. — •/". ■ — iy> .— u-, .— «y-, .— ir. ^ v-i 

o — o — o^o — o — o — o— -p — O — O — O — O — O-— O-hO — O — o — o — o--_o — o — 



•a- 












a: 
o 
z 



z 






a: 
■-J 



o- 


c> 


o- 


c^ 


•3- 


a- 


o- 


c- 


a: 


ai 


ci 


a: 


z 


Z 


2 


z 



o — — 
ir. >v", 17-, 

000 



oc — 



000 




z 




z 




z 



z 





c 










< 


< 



< 




z 



z 



z 



< 





o^ 




o^ 


X 


o~ 


u 


, 


a 




z 


en 






u 


o 


> 




H 


J= 


< 


OiJ 


-1 


o 






Ni^ 


J_ 


^ 


-o 


3 


1) 


U 


■a 




a. 




3 



o 


> 

£ 

Q. 
C 






Text differs 

from 

proposal 


a: 


1 


c 
< 




is 




11 


II 



o o 
z z 



e s 

o. o. 

D. O. 

< < 



O 



* * * * 



ir, r*-, ir. r^, ur, r^, lt, r*-, vr. r-r; i/-, -i" 

scToo-Tfoc-toc-roo-Tco — 
^ ^ ^ ^ _, ^ ^ , 



z z z z z 



oor--cor--cor-oor-ocr-oo 

r^, IV-, c, tr, r<-, ir, c, ir. r<-, u^, r^, 

— '^OC'TCCrfOC-rCC-i-CC-^CCTrDO'^CC-TOCrfOC-toC-tOCI-CiC-rfCCTl- 



-Z.-ZL-Z.-Z'Z^'Z.'Z.'Zi^'Z.-Z.^^ 



-TL :z: :z. :z. :zL :z: :z. 



— o — o — o — o — o 


_' 


o — O — O — O — O — O — O — O — O — O — O — O — O — O — O 


'-')r<ir'imr^r*^r*-)r*ir*-)r*-ir^-)(^l 


r-i 


r-^, r-^t rf^ r^i r-r^ r*^ r^ r*^, r^, r*^ r*-', r^ r^\ r*^ r*^ r*^ r^\ f^i f~^i r^, r^, r^ 



o 
z 



ai :i: ai 






z^ a^ c^ c^ c^ 



z 


Z 


z 


z 


Z 


z 


z 


z 


z 


Z 


Z 


Z 


Z 


Z 


Z 


z 


z 


Z 


z 


Z 


ri 


rj 


ri 


r-i 


rj 


(~1 


rj 


OJ 


rj 


rl 


r^ 


rj 


EJ 


n 


ri 


Ei 


n 


ri 


n 


rj 



— r] 






< 

o 
z 



O O O' o 



z z 

o o 



< 

z 



z z 





ON 




o^ 


X 


ON 


u 


, 




ON 

3 


u 




> 


u. 


h" 


-C 


< 


-I 


n4 


o 


D 


x: 


^. 


-a 


3 


u 


u 


-a 




Q. 




D 



3 

■a 



a. 
a. 

< 



.t E 

i2 a 
C (J 



£ _ 

fees 



Z 



^1 






5? .2 
e .t: 

U [1 

-a: 



oo r~- 00 t~~ oo 

r<-, ly-, r*^ IT-, r^ w", 

^ oc -r 00 -J- oo 



r--oor-oor^oot^ocr^oor^ 

W. rn i^. rn I/-, 



oor^oo[^oGr^oor^oor-~oor^oor--oor^oor^ 

c^ tr, r<-( ir, r^, <y-, r<-, ly, r^ i/-, r*-, w, r^, v, r*-| U", r^, ly, 

-+oo-j-oc-toc-i-oorrocTtoo-roo-;rooTrcc 



oot^ooi^oor-oor-- 

r^p "v^. r^ 'r, rf, i/-, r»-, i/-, 



OC -^ OC T oc 

O O O O ^ O O O L^ O 'U O U ^ O O U O O w^ '.^ O O O 



z z z z z z 



:z: z:z::zz 



O '^ 'J O 'O 

zzzzzzzzzzz 



O U 'O O 'U ^ ^ o '^ o 

zzzzzzzzzz 



_-. 


O 


— 


O 


ir^ 


o 


— 


IT. 

o 


HI! 


O 


— 


O 


_ 


O 


_ 


o 


Z 


o 


Z 


O 


— 


O 


_ 


o 


~ 


O 


« 


O 


^ 


o 


~ 


O 


_ 


O 


— 


O 


— 


O 


— 




— 


O 


~~ 


l-*-l 


<-*-) 


m 


<^ 


rn 


rn 


rn 


r^ 


r*-i 


ni 


r-i 


r^ 


rn 


r^ 


m 


r^ 


f^ 


m 


m 


rn 


rr) 


rn 


r*-i 


r*-^ 


r*-j 


m 


rn 


rn 


rn 


r«-i 


m 


(^i 


m 


m 


n-i 


n-i 


r*^ 


r*-) 


r^-i 


r^ 


r^ 


m 


m 






z 



Z 



3- 



— f^ 



o o 

OO OC 

o o 



O 



O O 



O O 



o 



< 


< 


< 


< 


z 


z 


z 


z 


o 


o 


O' 


O' 



< 
z 



< 

z 



< 

z 



o 


o 


< 


< 


•^J 


o 


z 


z 



O O C: 



a- 
bi ■ 

'^ 3 

■< 2^ 
(J -a 

D. 

D 



x: 

5 


— 

"3 
a: 

If 

o 

w 

a. 
a. 

< 






Text differs 

from 

proposal 








& 


S 
M 

ae 


Q 


c 
w 

< 


Mi 


O 


E «= 

i- 


11 
ll 


ll 

< 






oor^ocr-oor^oor-~ 

<-*", "/"i r^. i^. rn tr, r<i ly, r*-, 



w. rn "y. rf, V-) r^i </~i r*^ 



^-^1 V. m i/'i r<i ly-, r*-, \r, r«-, ir, r^, tr, r*^ «"■ 

-fOC-^OO^OO-Tt-CC-TOC-^OC^OO 



r*-i '/', r*-i IV". r<i I/-, r*-i i/-, r^, 
-tocrroc-^oo-rrocrt 



zzzzzzzz 



^ 'O w 



^ o 



^ .^ ^ ^ 



ZZZZZZZZZZZ 



z z z z; 



^ ^ -J 



w^ '^ ^> ^ 



c — c — 



_o — o — o — o — o — 









zzzzzzzzz 

d — d — d — o — 



a: 
z 



a: 
z 



Z 



OS 

z 



a: 
z 



— r_) - 



a o — 



O O' o 



o 


'X 


o 




o 


o 


o 


o 


o 


o 


o 


o 





_ 


__ 


— 


— 


— 


n 


n 


1^ 


rj 


;£ 


;^ 


'O 


•0 


O 


2 


5 


c 


C 


O 


O 


s3 


c 


o 


a 


o 


c 


^ 


'£ 


£ 


r 


;£ 



< 



< 
o 
z 



< 
z 



< 



< 
z 



< 
z 



< 
z 



o o o 



z 

c 



< < 





0^ 




ON 


X 


O 


u 


, 


z 


t 


■* 


3 


u 


O 


> 


u. 


H 


JZ 


< 


-1 


.J 


o 


P 


^ 


?: 


•o 


;^ 


1) 


u 


■a 




a. 




D 



■a 






•Ops. 



Z 



« "5 
E S 






r^ooi^oor^oor-~oor^oor^oot^oo(^oor^oor^oor^oor-^oor^oci^oor^ 

ir. rr-i I/-, r*", I/-, r^-i I/", r*"i >A- r^ i/"! r^i v/"! r^i ii*i r^, fj~i r^ V, r^ f^, r^ Wi r^, W, r*^, '/', r*^ W, 

ii:oicE:ci:aiQia:ct:2c:c!;QiQici:Qia:oia:c£:Qic!:c£:QiDiQ;a:cc:Dici:Qi 
222ZZZZZZZZZZZZZZ2Z2Z2ZZZZZZZ 



[^ oo r~- 00 

iy-( rr-| tTi r<-i 

rroo-r^O'^oo-Too-Ttoc-i- 
ZZZ222ZZZZZ 



— o — o — o — o — o — o — o — o — o — o — o — o — o — o — 


r--j 


o — o — o — o — o — o 


r<^r*^rnrnr«-ir*-irnrnrnr*^<^rnr^r^r<^rnrnf^H-jr*^r*-irnrnrn 


O 


(^n-|fH-imrn(^rnf*-)t^mrn 






a: 
z 



Z 



o>. 


a- 


c- 


a 


a; 


ai 


a: 


c^: 


o 


O 


U 


o 



n c o-' O' 
a: Qi q: a: 
o o o o 



02 

z 






o 



O 'O o 



a o 



^ r^ r^ -i- 'V. 

g O O' O O O 



o 


o 


O 


o 


<■ 


< 


< 


<■ 


o 


IJ 


o 


o 


2 


2 


z 


z 



■u 


o 


^ 


o 


< 


< 


< 


< 


■o 


u 


u 


o 


z 


z 


z 


2 



o o 



< 



O - - 



< 



coo 



CJ 


CJ 


O 


O 


O 


O 


'U 


< 


< 


< 


< 


< 


< 


< 


^ 


o 


O 


•~> 


I.J 


o 


i-i 


z 


2 


2 


2 


2 


2 


2 


O' 


o 


O' 


o 


o 


o 


o 





o^ 




o^ 


X 


Ch 


u 

Q 
Z 


a-' 
t 






u 




> 





Q. 



a. 






!= s s 

■a p o. 

— i o 

X ^ 1- 









^.1 



IT* 



r-ocr-ccr-oor-oo 

»r, <-*-, lA, <-*-, ly-, r*-, "T", r*-^, 



r-oor--oor--oor-oor--oor-ocr-oor-ocr-~ocr--oo 

tr. '-'-I ir, r^i kt. r^, >y-, r^, kt. r^, ir. r*-. yr, r*-, */-. rr-, ir, r^, ir, r^, ir. 

OC-rTOCtOO-rTZC-rTOCTOO-rtOC'rtZC'-i-X.'rT'X 



r--ocr-oor-ocr-ocr-oor--oor--ocr- 



ij~. r^, ly, r^, yr. 



ly. r^, <r-- ( 



00T3C-T3C-:J-0C-T 



^ ^ -z. -Z- 'z. ^ ^ :zL 



Z2ZZZZZZZZZZZZ 



Z 2 Z Z 



— O — O — O — O — O — O — O — O— O — O — O — O— O— O — O'— o — o — o — o — o — o — 

r<-, '^ !■*■) r*", r^, r<i r^ i-*"i r^, r^, r*~; "^ r*; r*-. r^, r^, r*-, r^, r*-, r*-, r^, r*-, r*", r*-, r*", r'', r^ r^j r*~, r-^, rO r*^ r*"-, r^, r*-, r*-, r^, r^, r*~, r*", »-'", r<-, r*", 



z z z z z z 



-] rj ri 



rj rj ri 



::£. J- J-: ir_ 



o o o o 
y: c/; y: y: 



o o o o 
y: y: y: y: 



o 

■n" TT T 

o o o 

.A. ■J'. J'. 



O 3 

y: y: 



< 

z 



< 

z 



< < < < 

^ ^ L; '^ 

z z z z 



< 
z 





o^ 




f> 


X 


ON 




o< 


z 






U 


;- 

n 


> 




H 


j: 


< 


-1 


U 


o 


Ui 


^ 


^ 


■o 


D 


1) 


U 


-n 




a. 




D 



Cl. 

a. 






£ _ 

!= E S 

■o p o. 

-•^ I 

b a. 






■gf- 

z 









£^ 






r-~oor-~oor---cor~--c»r--oor-^oor--oor~-oor--oor--oor---oor--oor--- 



i-*~, U-, r*^ ly*, r^i i/", rn V, rn kt. 



■ tr. r^, lA, 



ly, (-1-1 ir, 



r- oo r- OG r- 00 



oo r- ' 

■rfOC'^OO'rrOOTrOO'^OOTrOC-i-OO-l-OOTrOC-tOO'T-OC'n'OC'T'OCn-OOTrOC'T-OC'T-OOTriXJ'T-O^j'rTOG'T-t^^ 

O O O O O ^ O O O O O O O O U o L; U O L> L; O O L^ U O O O o O O O O O O O O O O U O O U 



o 


~ 


O 


~~ 


O 


~ 


o 


~ 


o 


— 


O 


~ 


ir, 

O 


— 


o 


^ 


O 


^ 


O 


— 


O 


Z^ 


O 


"Z 


O 


^ 


O 


— 


O 


^ 


O 


_ 


O 


— 


O 


_ 


o 


_ 




^ 


o 


— 


o 


l~n 


n-1 


rn 


r^ 


m 


f^ 


m 


en 


r*^ 


r*^ 


rn 


r*-i 


rn 


m 


r*-i 


rn 


r*^ 


ni 


f^ 


m 


r*-] 


r^ 


m 


f~n 


rn 


m 


rn 


r^ 


m 


rn 


r^ 


rn 


f^ 


r-i 


rn 


rn 


(-n 


n-1 


m 


m 


m 


rn 


r^ 






•3- 



Z 



ai 
Z 



z 



z 



Z Z 



— «*j 



V. ~^ 



< 
z 



o 
1/-, 

o 


o 
o 


o 

o 


i 


o 


o 
o 


o 


iO 


^ 


00 


y^ 


a; 


« 


iO 


^ 


-t 


-i- 


Tf 


-t 


-^ 


-^ 


< 


< 


< 


< 


< 


< 


< 


■■-J 
Z 


2 


z 


o 
z 


Z 


z 


Z 



< 



a. 
a. 
< 



= 



^ B o 

•a p Q. 
■- i o 



U ■ 
z ^ 

^^ 

H -= 
•2 J= 









o ' 









^r,W 



in 



oor-oor-oor-ocr-oor-oor-ocr-ocr-- 

r^ tr. (-*-i U-, r<-i ir, m V, r'^ ly'. m W) r*-i ir, i-<-, «-, . 



oo r- oc r- I 

r^ ir. rn U", I 

■^ cc -r CO ■ 



00 r- oc r- oo r- 

r^-i u*. m tr, r*-j u^, 

-rt OO -rr OO -rr OC 

'.-> ^ 's-^ ^ L^ ^ ^ '.-^ ^ '.-^ 'w' ^ U 'w^ ^ '<-^ '--^ O 'w- LJ L^ L> '»-^ '-J '^ 



— 


O 


^ 


O 


— 




— 


tr. 

O 


— 


IT. 

o 


__ 


o 


Hi 


IT, 

o 


__ 


IV-, 


— 


O 


— 


o 


— 


»y". 


_„ 


»/-, 


— 


O 


— 


ir, 

O 


— 


ir, 

O 


— 




— 


O 


— 


O 


— 




— 


ir. 


— 


v. 

O 


— 





^ 


r*~i 


r*-i 


^ 


— 


rn 


r*-. 


r^ 


f-n 


— 


^ 


— . 


1-*-. 


<-*^ 


r^i 


'-^ 


r*-! 


— 


— 


!l! 


r*-i 


r^ 


r^ 


r*^ 


r*-) 


1- 


r^< 


— - 


<-^ 


r^ 


— 


rn 


r^ 


r*") 


r^i 


— 


rn 


1-'^ 


_J 


—' 


r^i 


r^< 



a: a: 
z z 



a: 



z z 



o o o 















Z 



a: 






— — _ o 



< 



< 
Z 



< 



Z 
c 



< 



< 



< 





Ov 




o- 


X 


o 


u 


. 


z 




*■ 


3 


u 


n 


> 




H 


j: 


<t: 


OJJ 


-) 


o 


^ 


x: 


^ 


■o 


U) 


1) 


u 


-o 




a. 




D 





W 

5 








"3 

a. 
a. 
< 








Text differs 

from 

proposal 


1 


5« 

s 




c 
.S 
















c 

Z 


f- 


Id 






•If 

ii 


< 





VO 


so 


so 


SO 


so 


OS 




OS 


OS 
r-i 


OS 


so 
r-i 


a: 
2 


z 


a: 

z 


z 


z 


z 


O 

z 


OS a: 

O sj 

z z 


as 
Z 


u 
z 


z 


z 


^ 


'rj- 


Tt 


rl- 


•^ 


"^ 


rs) 

O 


o o 


o 


fN 

o 


o 


so 



OO OO CC 00 



OS 


OS 


OS 


rsi 
rs| 


— 


o 



CO oo oo 


OC 


00 


00 


00 


oo 


oo 00 






Ov 


Ov 


a. 


o 


ov a- 
















— oc — 








0-- 


a- 


O r~- 


r-i — r-i 


rs 


rj 


(N 






















\r, ^ XT, 


«y-i 


<r-, 


"/"j 






— (N 


o o o 


o 


O 


o 


— 


— 


— — 



< < < < 



D. .Si, C- D- 
Cl ^ Cl D- 
< C < < 



< < < 



oor--oor-oor-oo o 

rn ir, rn ir, rn "y^i rr-, O 

T OC TT 00 -T OO -i- (-1 

QC ai c^ qC ct cn: ac ct 

U 'L^ O O O 'Lj o 



u ^ o 



q: 


a: 


Qi 


c^ 


^ 


OS 




Z 


z 


2 


2 


Z 


z 


z 


IT-, 


"/"> 


w. 


1^1 


V, 


v. 


sO 

o 



mmr<imr*-iro'^ m 1^ 



00 OC 00 



O 



oo oo 00 00 



CS 


as 


as 


a: 


es 


ai 


as 


'O 


O 


O 


o 


'•~i 


'S.J 


o 


z 


z 


z 


z 


Z 


Z 


z 



— — O' 



as 



o- 
as 



a; 
O 



as 
O 
Z 



Cu .SL, D. 
Cl X; O. 

< o < 






as 
O 



OS 


c^ 


ai 


a; 


as 


o 


O 


o 


o 


O 


z 


z 


z 


z 


z 






so — — 



o- — — 



_ X _ — 





i— 






r-s] 










a: 

ri 






< 

-r 










CD 




< 


< 


< 


< 


< 


< 


^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


O 
< 


< 


s_> 
< 




z 


o 
z 


z 


z 


Z 


z 


z 


z 


z 


o 
z 


o 
z 


z 


z 


z 


o 
z 


z 


z 


z 


o 


o 


o 


o 


O' 


o 


o 


o 


o 


O' 


O' 


o 


o 


o 


o 


O' 


O' 


o 


o 






o 

2 



< < 



s 
OS 



a. 

a 

< 






E E S 
■o P o. 



-J O 



Q. 



e 



Z 



E =^ 



E t 



a: 
z 



vn 


vD 


o 


rj 


^ 


^ 


r^ 


rvi 


r^ 


rsi 


















— 


O- 


— 


^ 


o- 


o- 


Oi 


a: 


0^ 


ai 


Qi 


ac 


a: 


q: 


O 


U 


O 


O 




O 


O 


(.J 


:^ 


Z 


Z 


z 


z 


z 


z 


z 













OC cc 


















(T 


C^ 


0\ 0^ 


a^ 


(T> 


rr 


T 


T^ 


0^ 


o^ o 


rr 
























O 


f> 


r~- ri 


r- 


r--) 


r- 


r- 


r^ 


r- 


rsj r- 








— r^ 


riT" 


fNl 


— 


— 


rj 


" 


(N — 


— 








rr 


o 


o- 


rr- 


O 


^^ 


o o^ 


r> 


— 


— 


o — 














— O' 


o 



w > 

o O 

■ Ji, Q. 

^ a. 
O < 



£ — S _ J 



c o ^ 



— i — £ 



c •:->'_»■ H. c- c- — , D- .— , cl q. 

< C<C<< o<o<< 



90 
IT/ 



00 OC oo 



O 
Z 



a: 


C^ 


Di 


r^ 


a: 


ai 


o 
z 


z 


z 


Z 


z 


z 


o 


o 




o 


o 


r^ 



^ ^'v' rv f>^ ^ ^ a^ 

U L/ L^ '^ ^ ^ U 

z z z z: z z z 

— ;^ — — — o^ o^ 

'-'. --*-. i-^i -^i '^i r-i fN 



z z 



rN f^j r-i r^^ fN 



o 



£ z 



o o c; 



E 
o 






a: 

Z 



z z 






< 


< 


< 


< 


< 


< 


< 


< 


< 


^^ 


o 


o 


■o 


o 


^ 


u 


o 


^ 


z 


z 


z 


z 


z 


z 


z 


z 


z 



u 

c/2 



!/; Si* 

f O — O O OO O OC'^ 

.5; (N rvj t/"i W". V, W-, "/"i "/"i ir, ^ 

^ OOO' o oo o oo^ 

»)_--_— _ _ _ — _ _ .i 

E---- - -- - - - - 

^<<<< < << < <<_; 

cZZZZ z zz z zz.= 

u (^J (~J '^ (^J *~) <~J f'J '^J f^i "^J E 



a. 
a 
< 



C cj 






OS 

o- 
u • 

- I 

< ^ 

^ •£ 

■ — i !> 

U I 






Sf- 



= Jr 



?.£ 






:^ 


a; 


ai 


o 


i.j 


O 


^ 


^ 


^ 



z 



a: 


q; 


c^ 


Qi 


o 


o 


u 


o 


Z 


z 


^ 


^ 



z z 



ooooooocococoooo 



pnI (N r^t rs) 



o. 
o. 

< 



< 
z 



< 

z 



< < < < 



< 

Z 



o. 

< 



< 

Z 



< < < 



0^ 



Z 



o 
z 

< 5 
z 2 



a: 
z 



° < 
2 z 



n-1 rn O O' O O O O O O O' O O O O O r^-j --^^ r^, r^, r^i 

t— -I — __ — ,^_^-__.^, — .^ — — — ^ [-- r— r~- r^ x~~- 

OODO — — — — — — — — — — — — — ~~ OC OC OC CC C)C 

C3i.C£:CS^Ci:CiL::^Cs:CiLCCC3:LC^C^C^ C^ C£L OL Qi Qi ai CiL C^ 

22Z22ZZZ2ZZZZ :z: ^ :z. z z z z z 

— — -i-':J-rr-T-Trrr-53-'^-^-f-^ rr-r1-Tt — — — — — 

<j- r-4 (--( — — — — — ^ — — — — — < — — — <rj^rj<-r]^r^^rj<^ 

i^r-irNr^, r^ r^-i r^i ri-. mr^ r^-, r^ir^r--, i^ r^ rf, r^, :^ ri ^ rj^rj ^ f^ ^ P^ ^ 

— r*-i — t~~ O^ O rg r^, W-- — r-i rr; -^ ir. IT. \D r-- OC O^ O O — — rj rj r*-, r*-, -r T 

OOOOO' — — — — OOOOOOOO'OO' — — — — — — — — — — 

— — — — — __ _ — — ^ ri C'l r-i r>i rs] cj rj r-^j rj r-i r-l r-t r^ (^J r-i r-1 (^-4 rj f^i rj 

OOOOO'OOOOOOOOOO'OOO'OOO'OOOOOO'OO 

<<CCCQX2::CCffiCQmCDCCC2C2CCCQCCCCCCCDCCCCCDCQCQCCCCCC2C 
a^0^0^0^0^0^0•'0^0^0^0^0^0■'0' O- O"' Q-' O^ O^ O^ O' O"' 0\ O'^ O-^ O^ O^ O- O 
OOOC-OOO'OOOOOO'O'OOOOOOOOOOOOO'C'C' 

<<<<<<<<<<<<<<<<<<<<<<<<<<<<< 

O U O O L; ^ U O O L; Lj U O U U '.-^ O o '--J O L^ O L; O O ^ O O U 

zzzzzzzzzzzzzzzzzzzzzzzzzzzzz 



(^J 



r^J 



r-4 



r-j 



1^1 



r^i 



r-J 



rj 



rj 



r-j 



rj 



rj 



nj 



rj 



r-i 



r-4 





o- 




o- 


X 


o~ 


u 


. 


a 


t 

3 


z 


M 


n 


> 


U. 


H 


^ 


< 


-1 


.^ 


o 


^2 


^ 


7. 


-a 


^ 


1) 


U 


-n 




Q. 




::> 





5 
















5 
> 




< 


>> 

go 


Text differs 

from 

proposal 






n 






s 


c 










is 


r- 


•11 

E S 


a.* 

i| 

< 






■■D *^ ^ ^ "^ nO 



a: a: 



a: 



in: 



o 
z 



0^ (^ O^ 0^ 0^ ^ 
CN) (N rs (N fN r-) 



Cl 
< 



_ __ > 
'J -J p 

'±,-^. a. 

J^ J2 c. 

O O < 



o 
so 



< 

z 



< 
z 



sc ^ ^ sC ^ ^ 

z^ CiL :^ :^ z^ z^ 

'^ L^ ^ L^ O '-^ 

z z z z z z 

O O o o O 5 <; 

(^ r*", r*^ p*^ r*^ r*^ ^ 



u 
z 



oc z^ z^ 

L^ ^ ^ 

z z z 






u 
z 



i~^, f^i r*-i r*-) r-, r'-, O O' O O O r^j O O ■— ■ O r^i m '^. O O :~ '^. C^ 

r^r--r-r--r~-t^ — — — — — r- — — — — r-r-r~- — — — r-- — 

ooooccccocoo — — — — — 30 — — — — occc;c — — — cc — 

ZC OC Z^ CC ZSC QC ^ C^ CC QC CCL CH C^C^Ci^CCCsLC^lZiLC^C^^:^:^^ 

O o Lj O U U O O O '^ L; L; O Lj O O ^ 'w' O '^ ^ Lj '^ O 

^ ~Z. 'Z. 'Z. ^ 'Z ZZ Z Z ZZ ZZZZZZZZ^f'ZZZ 

______ ''t-T -rf -T -T— -T-r-T-t — — — -r^-^ — ri- 

ri rj n rj ri r.| <-- — — ^ — ^ — ^ — ri — — — — rt r-j n — — — r^4 — 

rj r-i ri rj r-j r^j i:^ r^, <-*-, :^ r'', ::^ r*-) ::^ r^. r j rn r^ '-*-. i^, r-j r^ (~] '-^. --^ i-'. r-i r^, 



O — rj 



o o o o o 



CCCQC2CCCCCQCQCDCC1CCCQC2 



O^ o^ o^ o^ o^ 



O O' o 



■-J 


o 


;; 


o 


o 


(..; 


< 


< 


< 


< 


< 


< 


o 


o 


■-1 


o 


Ol 


o 


z 


z 


z 


z 


z 


z 



rf\. 


m 


m 


Ts 


as 


(^^ 




o 


o 


;j 


CJ 


o 


< 


< 


< 


O 


o 


o 


z 


Z 


Z 



■r rr^ 


cc 


cc 


^' 


^ 


ca 


rf: 


02 


^' 


^ 


^n 


c^ 


O" 


o 


a^ 


OS 


OS 


a* 


O^ 


c^ 


c- 


OS 






o 


o 


o 


o 










O 


; o 


iJ 




'-J 


u 


o 


^ 


O 


w- 


.-I 


O 


: < 


< 


< 


< 


< 


< 


< 


< 




< 


< 


i o 


^ 


o 


^ 


■o 


^ 


L; 


^ 


W* 


^ 


■.J 


: z 


z 


Z 


Z 


Z 


z 


Z 


z 


z 


z 


z 







i> 




o^ 


X 


o 


u 


r 


Q 

Z 


CO 

3 


u 


X> 


> 




H 


x: 


< 


01) 

-1 


U 


p 


3 


j= 


^ 


-o 


3 


■a 




D. 




3 



(2 * 









£. = 



W -3 
0.1 



^ 






ai 


oi 


Di 


U 


U 


Cj 


Z 


z 


z 



rj rsi rsi 



















o- 




o 


n^ 


0^ 


On 


ON 


On 


















a 




o 




0^ 


O^ 


C^ 


ON 


("si 




r-j 




























r*", 


^O 


1-*". 


^■ 










O 


o 


O 


o 


^ 


— 


— 


— . 



< < 



M. Q. 2. fe..^ .i, .i, .i, 

^' c j^' a. ^ ^ -C ^ 

c< c<oooo 



z z 



o 
z 



< < < 





OS 


a: 


ai 




u 


o 


O 




z 


z 


-d 




00 


oo 




<■ 


O 


o 




z 


rj 


fN 


r-i 


— 


•^ 


— 



r^ ^ \C ^ ^ 



z z 



1 






o 




o 


















Qi 


Qi 


C^ 


:i; 


a: 


:i; 


a:: 


Z 


z 


Z 


z 


z 


Z 


z 






O — ~ OC OC ^ 



c^ a: ac 
O O O 



— — ri 



U 
Z 

- < 






a: a: 

z z 












< 
z 



o 






< 






< 



CC 



< 

z 



< 



< 



o ij o 'O 'O 



< 

o 
z 



c 



:2 c c: 2 c: c 



< 
z 



< 

o 
z 





o^ 




a 


X 


a~ 


u 


, 


o 




z 


u 


E 

o 


> 


Ll. 


h- 


x: 


< 


Oil 

-1 


.J 


o 


D 


j= 


s 


-D 


Ui 


en 


u 


-o 




D. 




D 



X! 

5 



a. 
c 






^ s c 
•a P Q. 



ci 
^ 



QO 90 00 9C 90 



























o 
z 



O "^ 

Z 









S? .2 



o o 



o o 






^ \D so 
(N (N (N 



z z 



u 
z 



o 

2 



a: 



u 

2 






^ \0 so 



a: 


oi 


a: 


a: 


Qi 


w 


^ 


o 


o 


U 


z 


Z 


z 


z 


Z 


>c 


sC 


^ 


-sO 


^ 


_ 


_ 


_ 


_ 


_ 



2 






Z 2 



ai 


ai 


cs: 


OS 


oi 


cc 


O 


■sj 


o 


o 


o 


o 


z 


Z 


z 


z 


z 


z 






r^i r-l r<-) m 



r*^ m r*") r^] ro r^ r*^ r^ 



o o o o 

r*^ m ro 1"^; 



QncQC'-5a2CDcacc 






CC CC CC C2 CC 



:c CD CO CO 



Lj 


o 


o 


o 


o 


■o 


o 


'sJ 


< 


<' 


<■ 


<■ 


<■ 




<■ 


<■ 


o 


o 


o 


^J 


o 


•■ 


^J 


o 


z 


z 


z 


z 


z 


t 


z 


z 



< 



< 



< < 

o o 



< 



< < 



< 





o~ 




(T 






X 


:;„ 


u 


, 


Q 
Z 


£ 


■* 


3 


u 




> 


u 







-] o 

Q. 



O 




OS 

1 

o. 
a. 

< 


.> i 

1 ^ 
go 


Text differs 

from 

proposal 






s 

B 


« 


s 
.2 




2 


> 


II 

c ^ 

11 


< 



00 00 00 oo oc 



o-> o o^ 



0^ O^ CT' CT^ Q^ 



<N rj r-t 



O^ O^ <3^ O^ 



rs| rs rs r^i r^i rj 



<<<<<<<< 



< < < < < 






^ '«0 ^ ^ ^ ^ ^ 

00 OC CC OC OO 00 oo 



o 



q; ci: ci: 



^ ^ '•■Ci "O ^ ^ 



:^ ai ci: ei 



^ >^ >0 ^ 'O ^ ^ 

r^ r- r^ r~- r~- r^ r-- 

^O ^ sO ^ ^ sC *o 



Z 



a: 

z 



m r^ (^ 



— 


c 


r J 


a: 


« 


~; 


■w* 


E 


wl 


^ 


E 


^ 



•c >c o -c 



Z Z Z 






a: 
z 



si 

z 



ci a: ni ai 



a: 2i a: Di 



z z 



E - 



< < 

z z 



c — 

E OS 

u — 

= .5 






_ r^ ^ 



o o 

O OS 



Z Z 



< < 



z z z 



z z 



< 
o 
z 



< 
z 



< < 



a- 

u • 

^ 3 
^-^ 

-^ e 

^ I 

D. 

3 



1. 

5 


"3 
OS 
■a 

1 

:;. 

a. 

< 


> i 


Text differs 

from 

proposal 


6« 

3 

OS 




s 
o 








n 


f 1 

il 


X i 

< 



On O^ C7^ 
r^ r- r^ 



rxi rj rj 



< < 






vC sC nC 

a; cc: si 

o o o 

z z z 



a: 
z 



\0 so 
nC nC 



z z 



\0 NC 

vO nO 

a: q: 

Z Z 



OC OC CO oc 



nC ^ vO NO \o 



Z Z 






a: 



r^t f^t rr^ rr~, 



OO OO OO 



O w o 
r^ m m 



r-j (N m 



o o = o 



o o c: o o o 






< < 



< 



< 

o 

Z 



o 

O 

< 

O 

CO 
H 

u 



a. 
< 

U 

a 
z 

< 



r-' 


r-- 


r-^ 




r-^ 






:i; 


ce; 


cv; 


a; 


OL 


a: 


a: 




z 


^ 
2 



z 


Z 



z 


■0 
z 


5c 


oc 



oc 


cc 




00 




oc 




oc 


n 


r-i 


r-l 


rj 


rj 


r-t 


rg 



as 



< 



i J 





^ 




< 


< 




■^ 




U 


W 


^j 


z 


Z 


Q 


z 


rj 


rj 


ri 



U -a 

D. 

12 





5 


> 

£ 

Q. 

e. 
< 














Text differs 

from 

proposal 


s 
n 


es 




oe 


e 
< 














C 




n 




¥ .2 

Cm 

< 



0-- O^ O^ 



(Jv O^ O^ OS 



rj r^ rj rst 



<<<<<<<<< 



c c o c 



<<<<<< 



< < 








oo 

00 


o 


2: 


5: 


0^ 

O 


O' 


ON 

o 


ON 

o 




o 










§ 

r- 








ON 

o 


On 
O 


ON 

c 


ON 

o 


ON 

O' 




ON 

o 


ON 

o 


^ 


c^ 


Cil 


cc: 


'-• 


cr: 


Di 


Qi 


Di 


t£. 


q: 


QHL 


Di 


c;: 


c£ 


Cri 


2C 


a: 


£:: 


o: 


a: 


ai 


ce; 


Qi 


Oi 


cxl 


a^ 


z: 




-7L 






z 


Z 




z: 


z 


Z 


O 
Z 




z 


Z 


Z 


z 


Z 




z 


Z 


Z 


z 


z 


Z 


Z 


Z 




n 


oc 

o 


oc 


OC' 

c 


oc 
o 


00 


oc 
c 


00 

o 


OC' 

o 


oc 

o 


oc 

o 


oc 

o 


oc 
o 


oc 

o 


oc 


oo 


oo 
o 


oo 
o 


oo 


oc 

o 


oc 

o 


00 


oo 

o 


oo 
o 


oc 

o 


oc 


rs| 


(N 


^ 


r^i 


— 


^ 


— 


— 


— 


^ 


^ 


1-^ 


__' 


r*", 


l^i 


— 


_J 


1 


— 


— ' 


^ 


— 


_J 


1-^ 


r^ 


r*1 


!D 



z 


:- Z 


Z 


oc 


B - 


o 


~ 


« r-j 


rj 



ir, 



*v, 



ly, 



"/", 



w, 



-f [^ r-- r^ r- r^ (^ 1^ r^ r- r^ r-~ r- r- r^-, I-', i-H--, r-r-, ri->, r^, (-*-, r^, ri-, r<-, (--, 

n — — .^ ,— — — — — — — — — — — — — — — — — — — — — 

'^ ^ :^ O O O O U O L> 'w* 'o U O O '--J ^ o '—J O U O ^ 'sj ^ 

z zzzzzzzzzzzzzzzzzzzzzzzz 

-t O^O-OnOnOnO'OnO'O'O'O^O'O'OCOOOCOOOCOCOCOCOOOCOC 

o ~ ~- ".'—_ ~ — ~ '-' — "-. '~ ~ ~ ~ ^ ^ ~ ~ ~ ~ ~. ~. ~ ~ 

r-i rs] rj rvi rj r-i rj ri r4 rj r-i rj i-j r-j — — — — — — — — — — — 

O O ^ — — — — — — — — — — — — — S^"^' — S'^^ — ~il~ 

- - o - ^: =P o c o o o o o o o o 3 o o o c p o o o p o 

rg rj ri r-j ri n r-j r-i ri r-i rj rj (*) ri n r-j r-t r-j n rj r-j r-i rsl r^ r^-l fN rsj rj 

r^, r^, (■*", c, r<"i r*^ r^, r*-, r*". r^, r^, r^, r^, "-, r^, r*", r^, r^. i~0 r^, r*^ r*', r^ r^, r*-, r^ r*^ r~^, 

<< < <<<<<<<<<<<<<<<<<<<<<<<<< 

Z2 z zzzzzzzzzzzzzzzzzzzzzzzzz 

rg r--j rj ri rj n rt i^J r-i r-i rj ri r-i r-i r-j r^ rj r-j r-J (-n rj n r-t r-i r-] t-j ri rj 





fT- 




O- 


X 


O^ 


u 


c 


a 
z 


3 


u 


t- 
n 


> 




h- 


j: 


< 


cm 


.J 


o 


u 


x: 


^ 


■o 


^ 


o 


u 


T3 




a. 



a. 
a. 
< 



•a p Q. 






Z 



a: -3 
E S 

i = 

at 



¥.2 



00 oo oc cc oc 



O' o^ o^ 



< < 



< 



c c c 



c 

< 



> s 



< < < < < 



so 
so 



t^ 


r^ 


o 


o 


o 


r^ 




o 


o 


o 


r^ 


o 


a; 


a: 


:i 


ai 


ai 


ai 


as 


OS 


ai 


Ci 


~: 


~: 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


cc 

o 


oc 
o 


oc 
o 


cc 
o 


oc 


oc 

o 


cc 

o 


oo 
c 


cc 


oc 
o 


00 


00 



o 




S 
















s 


o 






fV 




;2/ 


cm 




a: 






r^ 





2 2 2 2 2 

00 oc 00 00 oc 



2 2 



2 2 Z 



r^j r*-, r*", 



vC ~C vC 



^ ^ rv; ^ ^ 

Z Z 2 2 2 



a: cs: 
2 2 



a: ai 



a: a; 
2 2 



2 2 



a: 
2 



O O O — C: O O 



o c o 



o o o 



(^jr-jrjr^rsir^rsr-j 



u^ ry. Ji J^ ir. IT- ir. 



rsl rs) r^ (N fN 



< 
2 



o 


o 


o 


< 


< 


< 


^ 


~J 


^ 



< < < 



< 



< < 



2 2 



< 



r*^ r*-j r*-j 

< 



r-t fN rs rN (-Nj r-t r) 



< 


< 


< 


< 


< 


2 


2 


2 


2 


2 



< < 



< 





o^ 




o^ 


X 


a- 


u 


• 


Q 

Z 


Uv 
& 


*■ 


3 


u 


1- 

n 


> 


1) 


f- 


^ 


< 


oil 

3 



o. 



Q. 
O. 






£ _ 



4rf 



■lTZ 



SH 



E 



o 
z 



a: Qi Qi Qi 
o O O O 



t/"i »/-i 



u 
Z 



OO OC 00 00 
0^ 0^ 0^ O^ 



OO 00 00 

o^ o-^ a^ 


OO 


OO ae 


0-' r- a> 


c^ 


o r- 



— rj — — rn ?* 



o. 

< 



< < 



w > > > 

o O O O 



O < < < 



(J 

2 



o 


c> 


o 


o 


Ov 


v-» 


«/-) 




V~i 




•r^ 


v^ 


■^ 


v^> 


-T 


e: 


Qi 


ei 


q; 


a: 


>.; 


o 


^ J 


o 


o 


2 


z 


Y. 


z 


z 


■o 


>o 


'f 


VO 


^ 



C3 ^ 
J? O 






0^ O^ r^ r^ ^ 

— -~ rg o^ -T 

^ -^ ly-, r^ (-J 

ct: oi a: :s: ci 

O U o O '-^ 



SO 



o 
z 



O 

Q 

a 
< 
o 

as 



u - 



— 


u 


■ 


C/1 


c/: 


> 


r^ 


C£ 


O 


■«■ 


< 





z 

o 

H 

H 
U 
0. 



o I I 

E- ^ '-J 

^ 'i t 

K ^ '-' 

o ° ; 

u ;^ ? 

z = s 



u 

Z 



rj r^ — 



o 



< 
a. 



•^ ^ i" 1 E 

^ •= ra c o 

y; ai ::: n: 2 

^^ '_ '.M (^ u- 

o c c. o o 



O 



z z 



s s 



c = c 

s s s 

coo 
i- I- f- 



o 




Di 








CJi 


C^ 


Di 


ce; 


isi 


Cti 


cc; 


ce; 


Gi 


Ct 




o 








o 


u 


o 


o 


O 


O 


■Lj 


'wJ 


O 


wl 


o 




z 








z 


z 


z 


z 


Z 


Z 


Z 


-d 


-d 


-i 


c 




I/", 








„_ 






_ 








■rt 


-f 


l-^l 




o 


o 




Li. 


o 


ri 


<^J 


o 


f^j 


r^J 


r^ 


r-i 


r-1 


o 


' 


ta. 


^j 




O 
Q 


2 


rj 


r-j 


r^ 


rN 


r-i 


r-^ 


f^-l 


oj 


rs 


oh 


o 




a 
























J'. 








OO 


< 
O 


r- 


-r 


- 


5 


OO 

o 


2; 


r^ 


(-<-, 


^ 


3T 


2 


■«f 


ri 


^ 


— 


CG 


r^, 


-r 


■^ 


"-O 


^o 


-o 


•o 


r- 


r- 


OC 


o 


^ 


!U 


- 




— ^^ 


— 


^ 


~~ 


~~ 


— : 


— ; 


"~ 


— : 


"■ 


c 


m 




t/5 

z 

< 


c-.' 


*" 


nT' 


■sD 


^ 


O 


^ 


^ 


^ 




^' 


^ 


2 






-r 


< 




-r 


-r 




-J- 






T 
O 


rr 

^ 


-r 




o 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


5 


Of 


z 


Z 


Of 


z 


z 


z 


^ 


Z 


-^ 


Z 


z 


Z 


Z 







H 





"•r 


_ 


_ 


^ 


„ 


— 


_ 


_ 


_- 


— 


— 


H 


s 


r] 


0. 




(~i 


a- 


'~l 


rj 


ri 


ri 


rt 


(~) 


rt 


r4 


rt 


rj 



u ■ 

- I 
^-^ 

H 
< _ 

S -c 

— , D 

U -a 

O- 



St 



x: 



3 

as 
"2 




> 

2 


< 






c 
o. 

£ 

n. 


s 

5 












ai 




c 
















o 
o *- 




n 

W 3.) 

P 


01. --r. 


II 

c -t: 



o 

z 



I 



a: 
u 
z 






O^ r^ O' r^ 



— — — rj fs — — ri — rj 



O C < O < 



o < o < 



00 



\ 



2: 2; 



a: a: 
z z 



a: 
o 

z 



z 



2: 2: 2: ~: cs: 
w O L^ '—^ O 
z z z z z 



^00 



< 

z 



z z z z z z 



< 

z 



o 

0S 
u 
z 

i 

< 

u 

o 

i- 

< 

z 
o 
u 
ee 
a 

z 

D. 
U 

o 
z. 

< 

o 

< 
X 

d 
z. 



0. 



a! 
U 

Z 



O 

Z 



z 



o o 

z z 






z 



ai ai 2i 

'wJ O '^ 

z z z 



o — — 






z z 



rj (N r-1 r^i rj 



r, ■- a 
.5 ai 



> 

o 

O 

o 



i 





o 




ON 


X 


ON 


u 


. 


Q 




Z 


d 


■* 


-1 


u 


u 
n 


> 


Ll. 


H 


j= 


< 


OiJ 

-1 


U 


o 


P 


x: 


S 


-o 


U) 


(U 


u 


-o 




a. 




:d 



I 









*3 »— 



•2 I 






ESS 



OS -a 

as ft. 



5 = 






a; 
o 
z 



(J 
z 



OO CO OG OO OO 



OO OO OO OO OO CC OO 

i~r; r^, r^; r^t r<-i rr-, r^, 

r<-, r^ r^ r^ r*~, r^, r^-, 



OC OO OO OO 



a: 
o 
z 


o 
z 


a: 

u 


a: 
o 
z 


2 




a: 
u 
z 


O 

z 


z 


o 
z 


9^ 
z 


z 


Z 


a: 
z 


Z 


Z 


z 


o 
z 


z 


cm 
Z 


ca: 

z 


z 


o 
z 


z 


O 

z 


ai 
Z 


oi 
U 
Z 


a: 
o 
z 


ai 

O 

z 


o 


O 


o 


o 


o 


o 


O 


o 


o 


o 


IT-, 

o 


1/". 

o 




ir, 

O 


O 


o 


o 


o 


O 


O 


O 


o 




1^. 

o 


O 


O 


O 


O 


o 


(N 


CnI 


n 


r-j 


r-j 


rj 


rs 


r-4 


f~j 


r-4 


rN| 


r-j 


r-J 


r\i 


rs| 


<N 


r-j 


oi 


rs 


l-vl 


<^J 


(^J 


<^4 


Cvl 


rvj 


rj 


rj 


rj 


rj 


f^ 


§ 


o 


O 


- 


O 


r^> 


■^ 


O 


o 


o 


OO 

o 




O 


- 


r-i 


r*-, 


-T 


- 


O 


- 


c^ 


ro 


^ 


o 


- 




3 


<i"; 



m m r*-i 



'/", "y". 



CJ 


o 


Cj 


o 


o 


C; 


o 


o 


o 


u 


o 


o 


i^ 


o 


u 


o 




o 


o 


o 




'•J 


o 


o 


C; 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


o 


o 


'O 


u 


o 


L> 


o 


o 


o 


o 


o 


o 


u 


o 


Lj 


L; 


o 


^J 


o 


o 


Lj 


u 


o 


^ 


o 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 



r-j r^j rj r-i 





o^ 




o- 


X 


o~ 


Q 


0-' 
03 


Z 


W 


o 


> 


Ll. 


H 


j: 


<( 


CD 


»J 


o 


D 


j: 


S 


•? 


;j 


a> 


u 


-o 




n- 




D 



a. 
a. 
< 



SO 



a re 

!= S S 

•a o D. 

♦- i o 

u a. 






re -a 
0^ 



o. 

E 






a; 



o 



o 



o 



o 



< 



< 
2 



< < 



< 

Z 



o o o 



Qi a; a: 

U U U 

z z z 

r*1 r*^ r*^ 



z z 

— o- 

o — 



z 

On 



O — 

— rj 

z z 



-r 


'/', 


1^1 


[i: 


X 


q:: 




o 
z 


-1 
z 



oc oc so 



o 



OO 00 OC 00 oo 



< < 



o 



I 



< 

z 



< 
z 



< 
z 



< 

Z 



U 
Z 
o 

- < < < 

- z z z 



< < 

z z 



< < < < < 
z z z z z 



Qi 


CrC 


CiL 


^ 


ri; 


Qi 


Cd 


C3L 
























z 

o 


















^ 


^ 


^ 


^ 


■o 


O 


O 


U 








































^ 


Z 


Z 


Z 


^ 


>d 


/: 


-^ 








































•r, 


»/-, 


irj 


tr. 


ly-, 


V~l 


>y-, 


in 
























(/) 


















''~' 


O 


■— ■ 


O 


O' 


o> 


O 


o 
























(/) 


<?• 




<r 


<• 


<f 


^ 


^ 


< 


r 1 


^ 


rt 


r\ 


*~j 


i-J 


r\ 


rj 


2 

o 






















? 


z 




z 


z 


Z 


Z 


Z 


Z 






































^ 




































oo 


o 


rs 


f^, 






IT, 








o 

t- 








(~1 


r^, 


-r 




00 


^r 


, 




r^i 






•<i 




H 


o 




o 




r-. 


^ 


o 


— 


— 


o 


o 




o 




O 




o 




r~~ 


5o 


O 


O 
00 


o 


o 
oo 


O 

oo 


00 


< 

u 
2 


o 


o 


o 


o 


o 


O 


o 


o 


o 


o 


o 




o 


; ; 


O 


■ 1 


■ 


o 


r-i 


r 1 


rj 


rj 


r-\ 


r\ 


r^ 


r-j 


CQ 


o 


o 


r> 


LU 


LU 


a 


O 




■^ 


< 




O 


rry 


£2 


~. 


^ 


~- 


















^f3 


vD 


vC' 


vO 


vn 


VT/ 


o 


vO 




o 


< 

C/5 


oc 
















^r. 


<r-, 


W-, 


'/-, 


i-r. 


ir-. 


«/-, 


I/", 


u 




O 


o 


o 


o 


O 


o 


o 


o 




IT-, 




o 


O 


O 


N 


o 


o 


o 


o 


O 


U 


o 


U 


o 


C; 


u 


U 


Cj 


o 


O 


O 


O 


O 


O 


O 


O 


O 




O 


O 


O 


'•J 


O 


U 


< 


< 


< 


< 


< 


< 


< 


< 


u 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


mJ 


< 


< 


< 


<; 


< 


< 


,-l 


o 


■^ 


O 


<J 


■^ 


■^ 


o 


O 


■o 


o 


o 


o 


O 


o 


O 


o 


■o 


J 


/. 


—J 


Vw- 


o 


■o 


o 


o 


z 


z 


Z 


^ 


z. 


Z 


z 


^ 


-J 


z 


z 


z 


Z 


Z 


z 


z 


z 


Z 


Z 


-1 


Z 


u 


Z 


z 


z 


Z 


Z 


Z 





_ 


_ 


_- 


__ 





__ 


__ 


CO 


vO 


so 


^ 


^ 


^ 


so 


^ 


^ 


vn 


^ 


<)■ 





,*■ 


r-- 


r^ 


r^ 


r^ 


r^ 


r^ 


rN 


rsi 


(N 


(N 


r-l 


r^ 


r-j 


r>j 


£ 
























r4 


0£ 















' 





o^ 




0^ 


X 


2 






z 


■■ 


3 


U] 


;— 


> 




H 


J= 


< 




U 


O 


S 


.C 


S 


■a 


P 


a 


u 


-n 




O- 




D 



E E S 
•a p a 
■sip 



So 



Z 






£S 



¥.1 



as ^ OS 



OS OS OS 



< 



< < < < 



< < 



< < < 

z z z 



< < < < 



u: UJ UJ LU LU 



2 Z 











s 


OS 


s 


s 


s 


s 




s 


s 


s 


OS 


OS 

sC 


o 


o- 


a- 


o- 


OS 


C^ 


C^ 


ce: 


cr: 


q: 


Di 


a: 


a: 


ai 


Di 


ct: 


q: 


a: 


Qi 


ai 


a: 


a: 


ai 


Qi 


o: 


Qi 


O 


— ' 


o 


^ 


^ 


O 


■o 


o 


o 


^ 


o 


^ 


'-J 


s-J 


o 


o 


o 


'sj 


L; 


^^ 


■O 



2 Z 



< < 

2 Z 



OO OC OO 00 



OO OO 00 CC 00 



<<<<<< 

2 Z Z Z Z Z 



< < 

z z 



<<<<<< 

Z Z Z Z Z Z 



< < < 
Z Z Z 



< < < < 
Z Z Z Z 



< < < < 

z z z z 



< < 



O' = — 



O O O O' — 



o 
CD 



< < 



CCCQCC2:22C222CQCCC2 



< < < 



< 


< 


< 


< 


< 


< 


< 


z 


z 


z 


z 


z 


■J 
z 


z 



CE 
o 


I; 




< 


< 


< 


z 


z 


z 






2222C2CCCQCQC3Q 



o 


o 


u 


< 


< 


< 


o 


^ 


o 



< 



< 



z z 






M 1-1- 
J P 



OXj 



I — , 1) 
D. 







^ 




o 


^ 


s 


e£ 


■o 






o 


u 


o. 


a. 


< 


>> 


-<=> ^ 


i: £ 








^5 






•= E S 


•a p c. 


^<^ S 


£ D. 


(- 




'U 








« 


Vv 


C 


s 








w 














ce 




Of 


c 




o 












u 




.< 






S o 


il ^- 


(-> 


o 




^H 


^ 










ii 


b 


f- 


01 y. 


= Dt 




.^ •- 


n t5 


E £ 


i s 


3 L. 


a: a- 






?i 




t^' « 


c .r 


Si^ 


>■ 





I 



u 
z 



as Ov o^ 



oo oo oo 



OS 0^ OS 



(N rs rs| 



CL CL C- CL 
C C CI D. 
< < < < 



< < < < < 



< < < 



< < 






UJWUJUJUJUJUJUJWUJ 



< 



< < 
z z 



< < 
z z 



< < < 
z z z 



o- 

z 



O-' 

a: 
z 



-O ^ *»C' *0 ^O *>0 ^ "^ ^'O 



O^ O^ O^ 



z z 



z 



z z 



a: 

z 



oi a: oi 

L> 'U O 

z z z 

■^ -^ OS 

— — o 



z z 



z 



























< 


<■ 


<r 


<r 


<■ 


< 


<■ 


<■ 


<r 


< 


< 






< 


<^ 


<- 


<■ 




















































































2 


Z 


z 


z 


Z 


Z 


z 


z 


z 


z 


z 






z 


Z 


Z 


Z 


_ 


•/", 


sC 


oc 


o 




rj 


r*^ 


r^ 


oc 




•^ 


















1^ 


V-. 


T 


r 1 


^ 


^,^ 


-f 




ri 










































s-^ 


o 


o 










T-j 














o- 


OS 


Qs 


OS 


o- 


=■ 


C' 














[^ 








r^ 




r- 


r^ 
































o 


o 


o 


o 


o 


o 


o 


o 


C' 


— 




O 


o 


O' 


r^I 


rt 


ri 


-^ 


c 


Q 


Q 


C 


r> 


C 


c 


/-• 


C 


r-s 


c 


LiJ 


r.. 


u; 


LLJ 


aj 


LU 


LU 




E 


^ 


rA 


O 


O 


'sJ 


; , 


^ 


; ; 


-T 


T 


'T 


T 


































ly-, 


I/-. 


«/-. 


ly-. 


>r, 


»y-. 


*r. 


T, 


V-, 


O 


o 


O 


O 






o 




o 


o 


O 


o 


O 


o 


o 


O 


o 


O 


o 


o 


O' 


o 


o 


O 


o 


O 


C 


o 


;_; 


\J 


o 


O 


iJ 


o 


O 


O 


u 


O 


O 


C^ 


O 


CJ 


iJ 


Cj 


u 


C; 


O 


O 


O 


U 


O 


O 


O 


O 


O 


o 


U 


O 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


<l 


< 


< 


>J 


o 




^ 


o 


o 


o 


'O 




vj 


o 


o 


-1 


o 


O 


v-J 


o 




o 


^ 


'~i 




■^ 


o 


■sJ 


u 


~> 


o 


O 


z 


z 


z 


Z 


z 


Z 


z 


z 


Z 


z 


z 


z 


Z 


Z 


z 


Z 


z 


Z 


z 


z 


z 


z 


z 


z 


Z 


z 


z 


z 


z 


r^ 


1^ 


r^ 


r^ 


t^ 


[^ 


r^ 


t^ 


1^ 


r^ 


I^ 


r^ 


r^ 


r^ 


r^ 


r-~ 


r^ 


t^ 


t^ 


r^ 


t^ 


t^ 


t^ 


t^ 


(^ 


r^ 


r^ 


r^ 


r^ 



■ 



► 





o^ 




o^ 


X 


o 


u 


. 


z 


& 


*^ 


3 


u 


O 


> 


1» 




ta^ 


f- 


^ 


< 


-I 


-1 


o 


Ui 


^ 


^ 


■o 


:= 


aj 


u 


-o 




D. 




D 



fa. 

O 


— 
= 

•n 

> 
O 

a. 

o. 

• < 


1-^ 

go 


Text differs 

from 

proposal 


s 
« 

at: 


4^ 
a 


c 








o 

o >- 
Z 




e ^ 


ll 

< 



u 

z 



r-j rj rj r-j 



I- 1^ 



<c<<<<<<<<<<< 






< < < < 

z z z z 



< < 
z z 



< 
z 



< < < < 

Z Z 2 2 



< < < < 



< < < 



< < < < < 
2 2 Z Z Z 



(N (N rvj rv] 



2 2 2 

0^ O^ O^ 

o o o 



pi 
z 











^ 
t^ 


9? 


a^ 

•^ 


^ 
r^ 




^ 
r^ 


so 








^ 
r^ 






o 
oc 




Di 


Cx: 


a: 


ClL 


cs: 


ai 


c^ 


OL 


QL 


a; 


a: 






ai 


OL 






Qi 






Z 


z 


Z 


2 


2 


Z 


z 


2 


2 


2 






2 


2 






2 




s 


S 


o 


S 


2 


cc 
o 


00 

o 


0-. 

o 


o 


o- 


o 


<' 


<1" 


0-. 
o 


0-' 

o 


< 


^ 


o 


■< 


r*~) 


^ 


— 


r^j 


--^ 


1 


C2 


— 


^ 


Zl 


r*-, 


z 


z 


! 


rn 


z 


z 


1 


Z 



< < 

Z 2 



< < 
Z 2 



< 
Z 



< 

2 


< 
Z 


< 

Z 


< 

Z 


< 

2 


< 
2 




< 
2 


< 
2 


< 
2 


< 

2 


< 
z 


< 

2 


o 


o 

o 


o 
o 


o 


O 

o 


O 




g 

fN 






O' 


^ 
s 


o 

o 


ffi 

O 


CD 
O 


m 

O 


CO 
O 




g 


£ 


O 


CC 


CO 


cc 


cc 


ffi 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


2 


2 


2 


2 


2 


2 


2 


2 


2 


z 


z 


2 


2 



< < < 

2 Z Z 



< < < < 
Z Z Z Z 



< < < 

z z z 



< < < 



o o O' o 



r-\ r-x — 



OCCCCCDCCXCCC2CCCCCC 



o o c — o 



^ 'O o ^ 

< < < < 



~ 


o 


o 


O' 


O' 


o 


O' 


o 


~ 


o 


— 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


2 


2 


2 


2 


2 


2 


2 


z 


z 


z 


z 



Z 2 





o 




o^ 


X 


21 


u 


, 


Q 




z 


3 


u 


n 


> 


1) 

LL. 


h- 


(— 


< 


-1 


u 


o 






_J 


^ 


^ 


■a 






•J 




u 


-n 




Q. 




:d 



a 

a. 






•a p a 



« a 






X = 



Si,w 



r 



00 oo oc oo 



00 OC OC OC 00 oc 



o. c c c 

< < < < 



< < < 
z z z 



< < < < 

Z Z Z Z 



< < < 
Z Z Z 



< < 
Z Z 



< < 
Z Z 



< < 

z z 



< < 
z z 



< < 

Z 2 



< < < < 



ai 


a: 


:£ 


:i: 


:i 


en 


ct: 


a: 


a; 


a: 


ai 


a: 


Z 


z 


Z 


Z 


Z 


Z 


z 


z 


z 


z 


2 


o 
z 


z. 


£ 


£ 


s 


o 


o 


o 


= 


= 


o 


8 


8 






o o o 



a: 


:s: 


a: 


ai 


^ 


a: 


^ 


a; 


a: 


a: 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


£ 


S 


o 


8 


o 


= 


s 


£ 


^ 


§ 



< < 

2 2 



< < < < 
2 2 Z Z 



< < 

z z 



< < < 
z z z 



< < < 
z z z 



< 
z 



< < 

Z 2 



< < 
2 2 



< < 
2 Z 



o o — 



rj (-J (-1 



o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


o 


c 


O 


o 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


O 
< 


< 


< 


< 


< 


< 


< 


< 


O 
< 


< 


< 


< 


< 


< 


O 
< 


< 


W 
<; 


< 


2 


2 


2 


2 


Z 


z 


Z 


Z 


2 


Z 


Z 


2 


2 


Z 


Z 


z 


2 


2 


■•~l 
2 


2 


2 


2 


2 


2 


2 


2 


2 


Z 


2 


i^ 


r^ 


t^ 


t^ 


i^ 


r^ 


r- 


(^ 


(^ 


r^ 


t^ 


[^ 


(^ 


r^ 


1^ 


r^ 


t^ 


r^ 


r^ 


i^ 


r^ 


[^ 


r^ 


i^ 


t^ 


i^ 


r^ 


r^ 


r- 





Ov 




Ov 


X 


o- 


Q 


o^' 


Z 




U 


n 


> 


Li. 


H 


j: 


*i: 


DD 

1 


-I 


o 


3 


JZ 


s 


-p 


3 


B 


u 


-o 




a. 




D 





5 




s 

oi 

■s 

> 

O 

L. 
Q. 

■ < 


fl 






Text differs 

from 

proposal 


3 

n 

X 

U 

a: 


1 


e 
.2 








"5 u 












O 

2: 




u. 
n 

u 

E 

E 


s 




aj ft. 


1 = 

< 



u 

z 



U 

2 



^ <^ ^^ 



r^ rj r-j rsi r^j rg 



ocooooooooooooooocoooo 



O C O 



< < 



< < < 



< < 

Z Z 



< < < < 
2 2 Z 2 



< < 
2 Z 



< < 
Z Z 



< < < < 



< < < < 
Z Z Z 2 



IT) 



Qi 


OL 


csi 


a:: 


^J 


o 


■o 


o 


2 


2 


2 


2 



a: 

2 



o o o o o 



ci oi QC a; ai 

U O U O O 

^ -z -z. :zi :z. 

^O '^ ""O ^C "^D 



2 



Z 



r*^ <^ f^, 



< < 

z z 



< < 



< < 

Z 2 



< < 
2 2 



<<<<<<< 



< < < < < 
2 Z Z Z Z 



o- o — 



< 
Z 






o 


u 


o 


cj 


o 


o 


o 


tJ 


O 






C; 








< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


<■ 


<■ 


< 


o 


o 


o 


o 


o 


o 


o 


O 


o 




O 


o 


o 






2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 



rrrnrofi?'*^f^,"!^fT; 



< < 



< 


< 


< 


< 


< 


< 


< 


< 


2 


2 


'J 
2 


2 


2 


2 


2 


2 



3 



t _ 

•0 9 0. 
t2 *-• ir 



u ■ 

^1 






e 



■S H 



e Of 






K = 



&,^ 



2: 
Z 



I 



a. 
u 
z 

i 

u. 
O 
c 

< 
O 

m 

o 
q 

g 



^— —— — r-i r-i fj r-, r-, r-j r-y fi r-i r-; ^^ 

ly", "V-, IV-. T T w-. w. ir. "y-i v, '/-. u-, <y. <A, ly, "^ 

^ — — .X IV-; — — — — — — — — — — c 

O O w O L/ O O — ' '^ o '—^ '-^ O '^ '— ^ ■< 
ZZZZZZZZZZZZZZZy; 



"« 
t- 



» 



Z Z 



ai ai a: 



2i ai 2: ai 



Z - z 



f- 
< 

H 

I O 

S > 

^ Of 

u 

c/0 



C^ C^ C^ Ci^ c^ c^ 

O O '^ U- L' ^ 

z z z z z z 

0^ 0^ O" O" O" 0~ 

O O O = O 'O 



^ :ii 2; ai 

z z z z 

O^ .On O^ Ov 

0000 






< < 



< < 



< < < < 



< < 



D. 

o 

< 

o 
z 

< 
-J 

a 
z 

< 
z 



z z 



Z td 

a. 



i 
o 



z 

O 

0. 
U 

< 
C/3 



z z z 



552 = 



< 
z 



< 
z 



< < < 
z z z 









SCO 

■Ope 



OS 
Ov 

U 

a 
z 

> 

< 

;=> 
u 



Li. 

00 
3 
O 



-a 
-a 



« ii 



o ' 

z 









O 





OS 




z 


U 
Z 


z z 


vo 


— 


— -a- 



z z 














o o 


On 


ON 


OV ON 










ir, — 


On 




r- (N 


















^ ly-. 




O'. 


ON O 


O O 


— 


o 


o — 



a. 
o 









DC 


Oi 


n 


Y 




Of 


a- 


OS 


< 


o 


o 


O 


rn 


r^ 


ca 
z 

g 

< 

u 

< 
7 




S:, 


o 


T 


•^ 




a: 


O 




z 


z 






O 






a. 






Q. 




r*-, 

? 


m 


o 


O' 


< 


-> 


— • 


u 


o 


o 


U 


U 


O 


7 


< 


< 


•< 


O 


o 




z 


z 


W-, 


I/-J 


DS 



a; 
z 



z z 



Oi Cli 



_ o — — 



z z 



u 
z 



ir. 



OC 



m 



oo 



OC 



oo 



CC 



oo 



o^ 



2 ^ § 

o 

a. 

C/5 

Z 

-? 

C£ 
i- 



OCO-sO^' — — — — 0-. 

O- sC f^J r^ sc sc -T T ^' sD rN ^ r-l n n -r rj rl -t ^ rl 

__^_ r^, r^, _______________ 

O O '^ O O O O O ^ 'O O O ^ '..-' O O C_j O '^ o o 

zzzz zz z:z:-z::z:z::z:zL^:zi'z^:z:'z:^:z 

r^oOOOO^ ^-^ O'OCCOC^C^^C^O-sOsCO^OCsC 

(^J fN r*-, rj r^, r»-, — — rj r] r*-, — r^, r*-, r*-, ^ r*-, rs — rj r^, 

_^^ __lM_ ^ — — 

c 

sC »/*. w". so , — (*j 5 

o — — — f-jrj Oooojrnt^o — r^t^o^MO — — 

^^00 (-,i(^,"^. ooooooooooooooo 

O O O -^ — ! .— _ rj rj (^1 tN r*s r«1 r*1 r^l TJ- '^ »^ y-, U-, ir, 

^—-.iOOOCOOCCO'O — OOOO 

QCCQ -^0_ _____--_----__ 

r^J r^ r^ (^ r-J ri , rn r^ r^ r*-, r^, r^, r*-, r*-, r^, rf^ rf', r<-, rf, n-, r^-, 

OOOO oo VJOOOOOOOOOOOOOOO 



^ ^ ^ 

< < < 



o 



z 
< 



z 
< 



z > 

^ 2 



< 



< < 



< < 

z z 

< < 



o 



o 



o 



^ 



o 



< 


< 


< 


< 


< 


< 


^ 


o 


o 


\J 


^ 


-.i 


z 


z 


z 


A 


z 


z 


< 


■^ 


< 


< 


<■ 


<• 


o^ 


o- 




■> 


o 


o- 



a. 
a. 
•< 









U -a 



o 



SH 












2; 5 

o o 



ooooooooooooooocoo 



C ON <^ 



< 



<<<<<<< 



90 



2i 



oi 


a: 


sc 


a: 


ai 


a: 


ai 


ai 


a: 


a: 


Z 


z 


Z 


z 


o 
z 


Z 


Z 


Z 


Z 


z 


o 


o 


o 


o 


§ 


o 


o 


§ 


O 


o 


t^, 


<^) 


r^ 


^ 


^. 


^ 


•^ 


r^ 


r<\ 


f^ 



IT, 


a- 


_' 


oc 


r^, 


oc 


f^i 


00 




oc 


oc 


oc 


oc- 


oc 


oc 


oc 


oc 


oc 


oc 


a 


oc 


•a- 
oc 




^. 


-t 


rj 




rj 




rl 




Q^ 


rr 


rr 


rr 






T- 




-r 


?T 






— 




— 


— 




— 




— 












— 


— 




— 






a 


r^\ 


•^ 


c^ 


a: 


a; 


^ 


a: 


a: 


:^ 


o: 




ai 


:^ 


CH 


a: 


Di 


a: 


:^ 


a: 


a: 


a: 


< 


a: 


ai 


•^ 


w 


^ 


,__^ 


^/ 


^ 


O 


\j 




-^ 


O 


■^ 


■^ 


o 


>; 


•,j 


x^ 


^ 


^ 


o 


o 


'wl 


z. 


-^ 


Z 


Z 


z 


z 


z 


z 




^ 


^ 


z 


/L 


Z 


Z 


z 


z 


Z 


z 


z 


Z 


2C 


oc 


a 


nC 


a- 


^c 


o- 


^ 




CN 


r-i 


rj 


rs) 


fN 


(N 


r.t 


rj 


r) 


rj 


-J 


^\ 


r^-. 


— 


^ 




•^ 




— 




— 




rj 


(~i 


OJ 


rj 


rvj 


rj 


r^ 


r^4 


ri 


rj 


n 


rj 


r J 


r-j 


= 


- 


= 


- 


- 


::• 




r-t 


rs 


rj 


rj 


rj 


r-i 


r-i 


rj 


ri 


f^j 


< 


f-j 


r^ 






















-T 


ir, 


O 




rj 




-r 


r^ 


oc 






















■^ 




O' 


O' 


C' 


o 






















o 


o 






































O 


o 


c 


o 


o 


o 


o 




o 


O 


o 


o 


o 


o 


O 


o 


o 




? 


o 


o 





_ 


„ 


_ 


^ 


__ 


_ 


_ 




CC 


cc 


rr^ 


:::. 


*n 


C2 


a: 


:c 


^ 


C2 












r', 






r*-j 


r^ 


m 




\C 


sC 


^C 


^ 


^ 


xO 


xC 


sC 


sC 


^ 






c: 


o 


O 


o 


o 




O 


O 




c: 




o 


o 


o 


o 


o 


o 


o 




q: 


sc; 


xO 


C; 


u 


U 


O 


■o 


O 


O 


c; 




U 


^ 


O 


O 


U 


O 


O 


O 


O 


O 


-«" 


xO 


■o 


< 


< 


< 


< 


< 


< 


< 


< 


o 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


7 


O 


'O 


o 


wj 


o 


o 


O 


\^ 


-I 


u 


E/l 


o 


LJ 


^ 


'w' 


O 


O 


o 


L> 


^^ 


^ 




< 


< 


-^ 


-^ 


Z 


Z 


Z 


z 


z 


z 


> 


^ 


^ 


jL 


z 


z 


Z 


z 


Z 


Z 


z 


0£ 


O 


o 


<- 


< 


<■ 


<■ 


<■ 


<• 


<• 


<* 


O 


<■ 


<• 


<■ 


<■ 


<■ 


<■ 


<■ 


< 


< 


< 


u 


z 


Z 


o- 


_ 


o- 


a^ 


o- 


o^ 


o- 


c 




a- 


o- 


c 


o^. 


- 


•a^ 


c 


a- 


c^ 


O' 


> 


n] 


r>j 



Name 



Address 



Place 

Stamp 

Here 



City 



State Zip 



Office of Administrative Hearings 

P.O. Drawer 27447 
Raleigh, NC 27611-7447 



D 
D 



NORTH CAROLINA REGISTER 
ORDER FORM 



Please enter my subscription for the North Carolina Register to start with the. 
(S195.00/year subscription. N.C. suscribers please add sales tax.) 



Renew North Carolina Register 



1 I Check Enclosed | | Please bill me 

Please make check payable to Office of Administrative Hearings 



.issue. 



Name 



Address 



City 



State 



Zip 



CHANGE OF ADDRESS 



1. Present Address 



Name 



Address 



City 

2. New Address 



State 



Zip 



Name 



Address 



City 



State 



Zip 



Office of Administrative Hearings 

P.O. Drawer 27447 

Raleigh, North CaroHna 2761 1-7447 



Periodicals Postage 
Paid in Raleigh, NC 
USPS 016727